PENNSYLVANIA BULLETIN Volume 29 Number 7 Saturday, February 13, 1999 • Harrisburg, Pa. Pages 799—968 See Part II page 903 for the Part I Department of Health’s Emergency Medical Services Agencies in this issue: The Governor The Courts Department of Agriculture Department of Banking Department of Conservation and Natural Resources Department of Education Department of Environmental Protection Department of General Services Department of Health Department of Labor and Industry Department of Revenue Department of Transportation Fish and Boat Commission Independent Regulatory Review Commission Insurance Department Liquor Control Board Pennsylvania Public Utility Commission State Police Turnpike Commission Detailed list of contents appears inside.
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published weekly by Fry Communications, Inc. for the PENNSYLVANIA BULLETIN Commonwealth of Pennsylvania, Legislative Reference Bu- reau, 647 Main Capitol Building, State & Third Streets, (ISSN 0162-2137) Harrisburg, Pa. 17120, under the policy supervision and direction of the Joint Committee on Documents pursuant to Part II of Title 45 of the Pennsylvania Consolidated Statutes (relating to publication and effectiveness of Com- monwealth Documents). Subscription rate $82.00 per year, postpaid to points in the United States. Individual copies $2.50. Checks for subscriptions and individual copies should be made payable to ‘‘Fry Communications, Inc.’’ Postmaster send address changes to: Periodicals postage paid at Harrisburg, Pennsylvania. Orders for subscriptions and other circulation matters FRY COMMUNICATIONS should be sent to: Attn: Pennsylvania Bulletin 800 W. Church Rd. Fry Communications, Inc. Mechanicsburg, Pennsylvania 17055-3198 Attn: Pennsylvania Bulletin (717) 766-0211 ext. 340 800 W. Church Rd. (800) 334-1429 ext. 340 (toll free, out-of-State) Mechanicsburg, PA 17055-3198 (800) 524-3232 ext. 340 (toll free, in State)
Copyright 1999 Commonwealth of Pennsylvania ISBN 0-8182-0004-9
Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of the Commonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania 17055-3198. 801 Contents THE GOVERNOR Preventive Health and Health Services (PHHS) Block Grant Advisory Committee meeting ...... 874 EXECUTIVE ORDER Request for application for planning grants; absti- Land use planning ...... 806 nence education and related services for Fiscal Year 1999 ...... 874 THE COURTS DEPARTMENT OF LABOR AND INDUSTRY Notices JUDICIAL SYSTEM GENERAL PROVISIONS Local area designations under the Workforce Invest- Changes to the Pennsylvania Continuing Legal mentAct...... 875 Education regulations ...... 809 LOCAL COURT RULES DEPARTMENT OF REVENUE Adams County Notices Amendments to local rules; administrative order no. Pennsylvania Crazy 8’s instant lottery game...... 875 5 of 1999 ...... 809 DEPARTMENT OF TRANSPORTATION Notices EXECUTIVE AGENCIES Retention of engineering firms...... 876 FISH AND BOAT COMMISSION DEPARTMENT OF AGRICULTURE Notices Rules and Regulations Scrapie containment and eradication strategy...... 825 Delaware River Estuary; endangered, threatened and candidate species ...... 819 DEPARTMENT OF BANKING Notices Proposed Rulemaking Action on applications...... 826 Fishing for bass during spring season ...... 822 Sale, purchase or barter of fish parts and fish eggs; DEPARTMENT OF CONSERVATION AND NATURAL miscellaneous special regulation ...... 823 RESOURCES Notices INDEPENDENT REGULATORY REVIEW Conservation and Natural Resources Advisory COMMISSION Council; meeting notice ...... 827 Notices DEPARTMENT OF EDUCATION Notice of filing of final rulemakings ...... 880 Notices INSURANCE DEPARTMENT Request for proposal; GEAR UP (Gaining Early Notices Awareness and Readiness for Undergraduate Pro- Application and request for a certificate of author- grams) ...... 827 ity...... 880 DEPARTMENT OF ENVIRONMENTAL PROTECTION Application for merger of two domestic stock casu- Notices alty insurance corporations ...... 880 Applications, actions and special notices...... 828 Erie Insurance Exchange; homeowners rules and Availability of technical guidance ...... 871 rate revision; rate filing ...... 881 Hartford Insurance Company of the Midwest; home- DEPARTMENT OF GENERAL SERVICES owners rate filing ...... 881 Notices Review procedure hearings; cancellation or refusal Contract awards ...... 898 of insurance ...... 881 State contracts information...... 886 LIQUOR CONTROL BOARD DEPARTMENT OF HEALTH Notices Proposed Rulemaking Expiration of leases ...... 882 Emergency medical services (Part II)...... 903 PENNSYLVANIA PUBLIC UTILITY COMMISSION Public swimming and bathing places ...... 820 Notices Notices Bell Atlantic-Pennsylvania, Inc. and Globaline Tele- Notice of requests for exceptions ...... 872 communications, Inc.—telecommunications ...... 884 Organ and Tissue Donation Advisory Committee National Fuel Gas Distribution Corporation— meeting ...... 874 certificate of public convenience...... 883 Pennsylvania Cancer Control Prevention and Re- Nido’s Ltd., Inc.—water service ...... 884 search Advisory Board meeting ...... 874 Service of notice of motor carrier applications...... 883
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PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 802
STATE POLICE TURNPIKE COMMISSION Notices Notices Meeting notice...... 884 Request for proposals (2 documents) ...... 885 Request for proposals; retention of a consultant...... 885
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 803 READER’S GUIDE TO THE PENNSYLVANIA BULLETIN AND PENNSYLVANIA CODE Pennsylvania Bulletin Bulletin before it can take effect. If the agency The Pennsylvania Bulletin is the official gazette of wishes to adopt changes to the Notice of Proposed the Commonwealth of Pennsylvania. It is published Rulemaking to enlarge the scope, they must re- every week and includes a table of contents. A propose. cumulative subject matter index is published quar- Citation to the Pennsylvania Bulletin terly. Cite material in the Pennsylvania Bulletin by The Pennsylvania Bulletin serves several pur- volume number and page number. Example: Volume poses. First, it is the temporary supplement to the 1, Pennsylvania Bulletin, page 801 (short form: 1 Pennsylvania Code, which is the official codification Pa.B. 801). of agency rules and regulations and other statuto- Pennsylvania Code rily authorized documents. Changes in the codified text, whether by adoption, amendment, repeal or The Pennsylvania Code is the official codification emergency action must be published in the Pennsyl- of rules and regulations issued by Commonwealth vania Bulletin. Further, agencies proposing changes agencies and other statutorily authorized docu- to the codified text do so in the Pennsylvania ments. The Pennsylvania Bulletin is the temporary Bulletin. supplement to the Pennsylvania Code, printing changes as soon as they occur. These changes are Second, the Pennsylvania Bulletin also publishes: then permanently codified by the Pennsylvania Governor’s Executive Orders; State Contract No- Code Reporter, a monthly, loose-leaf supplement. tices; Summaries of Enacted Statutes; Statewide and Local Court Rules; Attorney General Opinions; The Pennsylvania Code is cited by title number Motor Carrier Applications before the Public Utility and section number. Example: Title 10 Pennsylva- Commission; Applications and Actions before the nia Code, § 1.1 (short form: 10 Pa.Code § 1.1). Department of Environmental Protection; Orders of Under the Pennsylvania Code codification system, the Independent Regulatory Review Commission; each regulation is assigned a unique number by and other documents authorized by law. title and section. Titles roughly parallel the organi- zation of Commonwealth government. Title 1 Penn- The text of certain documents published in the sylvania Code lists every agency and its correspond- Pennsylvania Bulletin is the only valid and enforce- ing Code title location. able text. Courts are required to take judicial notice of the Pennsylvania Bulletin. How to Find Documents Adoption, Amendment or Repeal of Search for your area of interest in the Pennsylva- Regulations nia Code. The Pennsylvania Code contains, as Finding Aids, Generally an agency wishing to adopt, amend or subject indexes for the complete Code and for each repeal regulations must first publish in the Pennsyl- individual title, a list of Statutes Used As Authority vania Bulletin a Notice of Proposed Rulemaking. for Adopting Rules and a list of annotated cases. There are limited instances where the agency may Source Notes give you the history of the documents. omit the proposal step; they still must publish the To see if there have been recent changes, not yet adopted version. codified, check the List of Pennsylvania Code Chap- The Notice of Proposed Rulemaking contains the ters Affected in the most recent issue of the Penn- full text of the change, the agency contact person, a sylvania Bulletin. fiscal note required by law and background for the The Pennsylvania Bulletin also publishes a quar- action. terly List of Pennsylvania Code Sections Affected The agency then allows sufficient time for public which lists the regulations in numerical order, comment before taking final action. An adopted followed by the citation to the Pennsylvania Bulle- proposal must be published in the Pennsylvania tin in which the change occurred.
SUBSCRIPTION INFORMATION: (717) 766-0211 GENERAL INFORMATION AND FINDING AIDS: (717) 783-1530
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 804
Printing Format Material proposed to be added to an existing rule or regulation is printed in bold face and material proposed to be deleted from such a rule or regulation is enclosed in brackets []and printed in bold face. Asterisks indicate ellipsis of Pennsylvania Code text retained without change. Proposed new or additional regulations are printed in ordinary style face.
Fiscal Notes Section 612 of The Administrative Code of 1929 (71 P. S. § 232) requires that the Office of Budget prepare a fiscal note for regulatory actions and administrative procedures of the administrative departments, boards, commissions or authorities receiving money from the State Treasury stating whether the proposed action or procedure causes a loss of revenue or an increase in the cost of programs for the Commonwealth or its political subdivisions; that the fiscal note be published in the Pennsylvania Bulletin at the same time as the proposed change is advertised; and that the fiscal note shall provide the following information: (1) the designation of the fund out of which the appropriation providing for expenditures under the action or procedure shall be made; (2) the probable cost for the fiscal year the program is implemented; (3) projected cost estimate of the program for each of the five succeeding fiscal years; (4) fiscal history of the program for which expenditures are to be made; (5) probable loss of revenue for the fiscal year of its implementation; (6) projected loss of revenue from the program for each of the five succeeding fiscal years; (7) line item, if any, of the General Appropriation Act or other appropriation act out of which expenditures or losses of Commonwealth funds shall occur as a result of the action or procedures; (8) recommendation, if any, of the Secretary of the Budget and the reasons therefor. The required information is published in the foregoing order immediately following the proposed change to which it relates; the omission of an item indicates that the agency text of the fiscal note states that there is no information available with respect thereto. In items (3) and (6) information is set forth for the first through fifth fiscal years; in that order, following the year the program is implemented, which is stated. In item (4) information is set forth for the current and two immediately preceding years, in that order. In item (8) the recommendation, if any, made by the Secretary of Budget is published with the fiscal note. See 4 Pa. Code § 7.231 et seq. Where ‘‘no fiscal impact’’ is published, the statement means no additional cost or revenue loss to the Commonwealth or its local political subdivision is intended.
Reproduction, Dissemination or Publication of Information Third parties may not take information from the Pennsylvania Code and Pennsylvania Bulletin and reproduce, disseminate or publish such information except as provided by 1 Pa. Code § 3.44. 1 Pa. Code § 3.44 reads as follows:
§ 3.44. General permission to reproduce content of Code and Bulletin. Information published under this part, which information includes, but is not limited to, cross references, tables of cases, notes of decisions, tables of contents, indexes, source notes, authority notes, numerical lists and codification guides, other than the actual text of rules or regulations may be reproduced only with the written consent of the Bureau. The information which appears on the same leaf with the text of a rule or regulation, however, may be incidentally reproduced in connection with the reproduction of the rule or regulation, if the reproduction is for the private use of a subscriber and not for resale. There are no other restrictions on the reproduction of information published under this part, and the Commonwealth hereby consents to a reproduction.
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 805 List of Pa. Code Chapters Affected
The following numerical guide is a list of the chapters of each title of the Pennsylvania Code affected by documents published in the Pennsylvania Bulletin during 1999.
4 Pa. Code (Administration) 55 Pa. Code (Public Welfare) Adopted Rules Adopted Rules 7 ...... 806 165...... 271 168...... 271 Statements of Policy 183...... 271 9 ...... 207, 457, 574 3040 ...... 271 22 Pa. Code (Education) 58 Pa. Code (Recreation) Adopted Rules 3 ...... 399 Adopted Rules 4 ...... 399 61...... 819 5 ...... 399 75...... 819 6 ...... 399 Proposed Rulemaking 25 Pa. Code (Environmental Protection) 63...... 205, 822, 823 Proposed Rulemaking 65...... 823 86...... 548 92...... 455 64 Pa. Code (Securities) 93...... 455 Adopted Rules 95...... 455 202 (with correction) ...... 202, 547 901...... 647 206 (with correction) ...... 202, 547 302 (with correction) ...... 202, 547 28 Pa. Code (Health and Safety) Proposed Rulemaking 606 (with correction) ...... 202, 547 18...... 820 609 (with correction) ...... 202, 547 911...... 332 610 (with correction) ...... 202, 547 912...... 332 1001 ...... 903 204 Pa. Code (Judicial System General Provisions) 1003 ...... 903 Adopted Rules 1005 ...... 903 82...... 809 1007 ...... 903 1009 ...... 903 207 Pa. Code (Judicial Conduct) 1011...... 903 Adopted Rules 1013 ...... 903 21...... 645 1015 ...... 903 210 Pa. Code (Appellate Procedure) 31 Pa. Code (Insurance) Adopted Rules Adopted Rules 21...... 544 89...... 172 35...... 544 Proposed Rulemaking 231 Pa. Code (Rules of Civil Procedure) 62...... 655 89...... 650 Adopted Rules 200...... 449 49 Pa. Code (Professional and Vocational Standards) 1910 (with correction) ...... 16,645 Proposed Rulemaking Part II ...... 327, 329 35...... 565 39...... 662 Proposed Rulemaking 200...... 15, 168, 169 51 Pa. Code (Public Officers) 400...... 169 Proposed Rulemaking 31...... 548 249 Pa. Code (Philadelphia Rules) 33...... 548 Unclassified ...... 544, 545 35...... 548 37...... 548 252 Pa. Code (Allegheny County Rules) 39...... 548 Unclassified ...... 17 41...... 548 43...... 548 255 Pa. Code (Local Court Rules) 45...... 548 Unclassified ...... 19,24, 171, 330, 449, 453, 454, 809
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PENNSYLVANIA BULLETIN
Volume 29 Number 7 Saturday, February 13, 1999 • Harrisburg, Pa.
Part II
This part contains the Department of Health’s Emergency Medical Services
PRINTED ON 100% RECYCLED PAPER published weekly by Fry Communications, Inc. for the PENNSYLVANIA BULLETIN Commonwealth of Pennsylvania, Legislative Reference Bu- reau, 647 Main Capitol Building, State & Third Streets, (ISSN 0162-2137) Harrisburg, Pa. 17120, under the policy supervision and direction of the Joint Committee on Documents pursuant to Part II of Title 45 of the Pennsylvania Consolidated Statutes (relating to publication and effectiveness of Com- monwealth Documents). Subscription rate $80.50 per year, postpaid to points in the United States. Individual copies $2. Checks for subscriptions and individual copies should be made payable to ‘‘Fry Communications, Inc.’’ Periodicals postage paid at Harrisburg, Pennsylvania. Postmaster send address changes to: Orders for subscriptions and other circulation matters FRY COMMUNICATIONS should be sent to: Attn: Pennsylvania Bulletin Fry Communications, Inc. 800 W. Church Rd. Attn: Pennsylvania Bulletin Mechanicsburg, Pennsylvania 17055-3198 800 W. Church Rd. (717) 766-0211 ext. 340 Mechanicsburg, PA 17055-3198 (800) 334-1429 ext. 340 (toll free, out-of-State) (800) 524-3232 ext. 340 (toll free, in State) Copyright 1999 Commonwealth of Pennsylvania ISBN 0-8182-0004-9 Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of the Commonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania 17055-3198. 806 THE GOVERNOR Title 4—ADMINISTRATION PART I. GOVERNOR’S OFFICE [4 PA. CODE CH. 7] [EXECUTIVE ORDER NO. 1999-1] Land Use Planning January 7, 1999 Whereas, Pennsylvania’s land is a precious, yet finite, resource; and Whereas, from 1960 to 1990, the population of Pennsylvania’s largest metropolitan areas grew by 13 percent, but developed land area in these areas grew by 81 percent; and Whereas, between 1970 and 1997, Pennsylvania lost 24,000 farms and 25 percent of the total acreage of farms to other uses; and Whereas, Pennsylvania’s present growth patterns have long term social, environmental, and economic health consequences to the Commonwealth; and Whereas, the role of Pennsylvania’s local governments in land use planning is an important and vital part of our heritage; and Whereas, Pennsylvania’s communities are the foundation of our Common- wealth and their social and economic viability are critical to the overall health of Pennsylvania; and Whereas, Pennsylvania’s economy will continue to grow as the Common- wealth enters the next century as a leader among states and a competitor among nations; and Whereas, a healthy environment, a dynamic economy, and the well being of Pennsylvania’s communities are directly linked; and Whereas, sound land use practices minimize urban sprawl, alleviate traffic congestion, promote efficiencies, reduce environmental degradation, and contribute to more efficient and effective long-term economic growth; and Whereas, Pennsylvania’s historical, cultural, and educational resources are integral to sustaining viable communities, strengthening generational and cultural connections, and furthering tourism-based economic development objectives; and Whereas, the Governor has created a Greenways Partnership Commission to promote a network of greenways across the state to contribute to environmentally sensitive growth strategies, provide intermodal transporta- tion options, and improve the quality of life and livability of our neighbor- hoods and communities; and Whereas, the 21st Century Environment Commission, created by Execu- tive Order 1997-4 identified land use to be the most pressing environmental priority facing the Commonwealth.
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 THE GOVERNOR 807
Now, Therefore, I, Thomas J. Ridge, Governor of the Commonwealth of Pennsylvania, by virtue of the au- thority vested in me by the Consti- tution of the Commonwealth of Pennsylvania and other laws, do hereby declare the following to be the policy of the Commonwealth to guide all Commonwealth agencies when making decisions that impact the use of land in Pennsylvania.
Governor Fiscal Note: GOV 99-1. No fiscal impact; (8) recommends adoption. Annex A TITLE 4. ADMINISTRATION PART I. GOVERNOR’S OFFICE CHAPTER 7. MISCELLANEOUS PROVISIONS Subchapter TT. LAND USE PLANNING Sec. 7.771. Commonwealth land use policies. 7.772. Responsibilities of Governor’s Center for Local Government Services. 7.773. Community and Economic Development Enhancement Act. 7.774. Green Government Council. 7.775. Geographic information system. § 7.771. Commonwealth land use policies. (a) Soundly planned growth is in the best long-term interest of the Commonwealth and should be encouraged at all levels of government. (b) Farmland and open space are valued Commonwealth natural re- sources and reasonable measures for their preservation should be promoted. (c) Development should be encouraged and supported in areas that have been previously developed or in locally designated growth areas. (d) Because land use decisions made at the local level have an impact that expands beyond municipal boundaries, regional cooperation among local governments should be encouraged. (e) The constitutional private property rights of Pennsylvanians must be preserved and respected. (f) The Commonwealth will work to improve the understanding of the impact of land use decisions on the environmental, economic and social health of communities. (g) Sustaining the economic and social vitality of Pennsylvania’s commu- nities must be a priority of State government. (h) Infrastructure maintenance and improvement plans should be consis- tent with sound land use practices. § 7.772. Responsibilities of Governor’s Center for Local Government Services. To support the land use goals of the Commonwealth, the Governor’s Center for Local Government Services (Center) is designated as the principal State entity responsible for land use assistance and monitoring. The Center is charged to:
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 808 THE GOVERNOR
(1) Develop an inventory of sound land use practices and make the inventory available to interested local governments and developers. (2) Assist local governments seeking to implement the land use objectives of the Commonwealth. (3) Advise local governments of the existing tools available to manage growth within their communities. (4) Encourage local governments to cooperate with neighboring munici- palities and the county when planning and zoning. (5) Assist, in conjunction with the Governor’s Green Government Council, other State agencies in identifying laws, regulations, practices or policies, including the disbursement of public funds, that will advance the Common- wealth’s land use objectives. (6) Partner with the Department of Education to identify opportunities for local education agencies to incorporate land use education into curricula. (7) Work in conjunction with the Governor’s Greenway Commission to support the incorporation of the Statewide Greenways Plan into local and regional land use planning strategies. (8) Form an advisory committee that will help the Center develop and disseminate the inventory of sound land use practices. (9) Report annually to the Governor on land use trends in this Common- wealth and make recommendations, if appropriate, regarding changes in law or policy to support the land use policy goals of the Commonwealth. § 7.773. Community and Economic Development Enhancement Act. Consistent with Chapter 5 of the Community and Economic Development Enhancement Act (71 P. S. §§ 1709.501—1709.506), the Governor’s Center for Local Government Services is authorized to have access to the informa- tion, services, functions and other resources in the possession of executive agencies under the Governor’s jurisdiction deemed necessary to fulfill the responsibilities identified in this subchapter. § 7.774. Green Government Council. The Governor’s Green Government Council, as the environmental perfor- mance manager of State government operations, shall work within its purview to ensure that State agencies are acting consistently with the land use objectives of the administration in their operations, acquisitions and practices. § 7.775. Geographic information system. The Department of Environmental Protection (Department) shall estab- lish a Statewide geospatial data clearinghouse which would provide for the sharing of common geospatial data among State agencies and local govern- ments. The Department shall use this clearinghouse to provide information to local governments on how land use decisions may impact air quality, water quality and quantity, soil erosion and other natural resources. [Pa.B. Doc. No. 99-222. Filed for public inspection February 12, 1999, 9:00 a.m.]
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 809 THE COURTS $5.00. If the Prothonotary mails the copy, the price shall Title 204—JUDICIAL be $8.00. Certified copies of the rules, together with a 3.5 SYSTEM GENERAL computer disk shall be provided as follows: 1. Seven (7) copies to the Administrative Office, Penn- PROVISIONS sylvania Courts. 2. Two copies to the Legislative Reference Bureau for PART V. PROFESSIONAL ETHICS AND CONDUCT publication in the Pennsylvania Bulletin. [204 PA. CODE CH. 82] 3. One copy of Amended Local Civ. Rules 1303(a)(1) Changes to the Pennsylvania Continuing Legal and (a)(2) to the Civil Procedural Rules Committee. Education Regulations 4. One Copy of Local Crim. Rules 4003, 4006.1 and 4010 to the Criminal Rules Committee. The Pennsylvania Continuing Legal Education Board approved the following changes to Pennsylvania’s regula- Public comment should be addressed to: tions for Continuing Legal Education, effective December Adams County Court Administrator 8, 1998. Adams County Courthouse Annex A 111-117 Baltimore Street, Gettysburg, Pennsylvania 17325 TITLE 204. JUDICIAL SYSTEM GENERAL Telephone 717-337-9846; PROVISIONS toll calls 1-888-337-9846. PART V. PROFESSIONAL ETHICS AND CONDUCT New and amended rules shall become effective thirty CHAPTER 82. CONTINUING LEGAL EDUCATION days after publication in the Pennsylvania Bulletin. Subchapter B. CONTINUING LEGAL EDUCATION By the Court BOARD REGULATIONS OSCAR F. SPICER, Section 12. Accreditation of a Single Course or CLE President Judge Activity. Amendments to Adams County A provider of CLE activities which has not qualified as Local Civil Rules an Accredited Continuing Legal Education Provider or a Rule 1303(a). Time, Date and Place of Hearing. lawyer may apply for accreditation of a single CLE activity on a form provided by the Board. The Board may 1303(a)(1). Contents of Notice. require submission of a detailed description of the pro- Notice, as required in Local Rule 1303(a), shall contain vider, the course, the course materials and the lectures. the following: (a) Application for accreditation of a single CLE activ- This matter will be heard by a board of arbitrators at ity should be submitted prior to the date of presentation the time, date and place specified but, if one or more of of the activity if possible. Application for retroactive the parties is not present at the hearing, the matter may approval must be made within [ one (1) year ] two (2) be heard at the same time and date before a judge of the years of the date of presentation. CLE activities held court without the absent party or parties. There is no before January 1, 1994 will not be approved. right to a trial de novo on appeal from a decision entered by the judge. ***** [Pa.B. Doc. No. 99-223. Filed for public inspection February 12, 1999, 9:00 a.m.] 1303(a)(2). Hearing in the Absence of One or More Parties. When the board is convened for hearing, and if one or more parties is not present, any party who is present may request the Court Administrator to arrange a hearing before a judge. The Court Administrator will attempt to Title 255—LOCAL schedule a hearing before a judge on the same date as scheduled for hearing before the board. Upon consent of COURT RULES all parties present and the judge before whom the hearing is scheduled, a judge shall hear the case and ADAMS COUNTY enter a decision. Amendments to Adams County Amendments to Local Rules; Administrative Order Local Criminal Rules No. 5 of 1999 Local Criminal Rules are amended by adding three additional rules, as follows: Order of Court Rule 4003. Supervised Bail. And Now, this 1st day of February, 1999, local rules of this court are amended by adding new Local Crim. Rules With or without a motion, and pursuant to local rules 4003, 4006.1 and 4010, and by modifying Local Civ. Rule and Pa. R.Crim. P. 4003(2), 4006.1 and 4010, a judge or 1303(a) by adding 1303(a)(1) and (a)(2). All adopted rules district justice may, in addition to setting regular bail, shall continuously be available for inspection in the authorize supervised bail and impose conditions in ac- offices of the Prothonotary and the Clerk of Courts. cordance with Local Rules 4006.1 and 4010. Supervised Copies may be purchased in the Prothonotary’s Office for bail shall be an alternative to regular bail, and shall
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 810 THE COURTS continue until revoked, rescinded or modified. The follow- (j) A defendant, who has otherwise not been considered ing conditions shall apply to supervised bail: eligible for supervised bail, may request an order direct- ing the Probation Office to assess his or her eligibility for (a) The judge or district justice shall contemporane- supervised bail. Assessment will be made in accordance ously set regular bail. with Local Rule 4006.1, with recommendations submitted (b) Supervised bail shall have the effect of suspending by the Probation Office to the judge designated by the the need for posting regular bail for as long as defendant President Judge, via the District Attorney. An application, complies with the conditions of supervised bail, or until acknowledgement and consent, signed by defendant, shall such time as the bail remains in effect. Nothing in this be attached to the recommendation. rule shall prevent the bail authority from modifying, Rule 4006.1. Conditions of Supervised Bail. rescinding or revoking such bail for sufficient reasons other than noncompliance, upon such notice as the judge Nonmonetary conditions of bail shall be as established or district justice deems appropriate. Defendant shall by Pa. R.Crim.P. 4006.1, this rule and Local Rule 4003. A have the right to appear and contest rescission, modifica- bail supervision program is established. Procedures, pro- tion or revocation. tocol, forms and conditions of bail shall be as described by the program. Until changed by administrative order, (c) Unless regular bail has also been revoked, defen- description and scope of the program, protocol, procedure dant shall have the right to post it when supervised bail and conditions of bail shall conform to the following: has been revoked or rescinded. Adams County Supervised (d) In order to be eligible for supervised bail, defendant Bail Program must acknowledge in writing that he or she understands Purpose and consents to the conditions of supervised bail, includ- ing conditions relating to rescission, revocation and modi- The supervised bail program is meant to alleviate fication of such bail and being subject to immediate arrest overcrowding in Adams County Prison by allowing quali- without a warrant for violation of any bail condition. The fied defendants to remain free on bail pending resolution form of the application, acknowledgement and consent of charges. The aim of the program is to ensure public shall explain that a violation may result in revocation of safety and a defendant’s appearance and compliance with regular bail, as well, but until such revocation regular conditions of his or her bail bond. The program is not bail shall continue and defendant may post such bail intended as a rehabilitative tool, but rehabilitative condi- until an order of revocation is entered by a judge or tions may be imposed when there is a substantial likeli- district justice. hood that: (e) Any probation officer of this court who has reason- (a) Conduct, which shall include substance abuse as able cause to believe that defendant has breached or is well as particular mental or emotional states, which is breaching any condition of supervised bail shall have addressed by particular rehabilitative conditions contrib- authority to declare supervised bail rescinded and to uted to the charges, and arrest defendant with or without a warrant. (b) Without intervention, such conduct is likely to continue and cause a violation of defendant’s reporting (f) Upon arrest and/or rescission, defendant shall be requirements or other conditions of his or her bail bond. committed to prison pending the posting of regular bail, or reinstatement of supervised bail by a judge or district Goals and Objectives justice. 1. To maximize the release of defendants on bail by (g) Defendant, the Commonwealth and the Adams identifying defendants most likely to meet reporting County Probation Office shall each have the right to a requirements and conditions of bail bonds through super- hearing before a judge or, for cases pending before a vision. district justice, a district justice. Defendant may request 2. To help facilitate judicial decisions regarding bail by reinstatement of supervised bail, or modification of stan- providing the issuing authority and/or Court with factual dard bail. Commonwealth and/or the Probation Office information about the defendant in a timely manner. may request forfeiture of any monetary conditions of 3. To monitor released pretrial arrestees who have supervised bail and/or revocation of regular bail. been placed on the supervised bail program to ensure (h) Unless the obligation is suspended or modified by compliance with the conditions of release. the bail authority, defendant shall be required to pay 4. To establish a process that would increase the supervision fees established by administrative order. Un- release of qualified defendants from the Adams County til changed, fees are set at $25.00 per month general Prison pending resolution of charges. supervision fee, and $6.00 per day fee for electronic monitoring. Defendant may request an evaluation of his 5. To identify defendants with substance abuse prob- or her financial condition and a reduction or suspension lems, and when appropriate, to refer them to appropriate of supervision fees. The bail authority may reduce the fee treatment facilities. to reflect defendant’s ability to pay, or suspend the 6. To promote defendant’s accountability through com- obligation entirely. In either case, defendant shall be munity supervision and treatment. under a continuing obligation to keep the Probation Office informed of any changes in his or her employment status 7. To monitor defendants to ensure compliance with and/or financial condition. bail conditions. (i) Forms as part of the Supervised Bail Program shall 8. To provide information regarding a defendant’s com- be adopted periodically in accordance with Local Rules of pliance with conditions, treatment requirements and over- Criminal Procedure 4006.1 and 4010, by administrative all progress on the program when plea agreements are order. Until changed, applications and orders setting bail presented to the Court and/or as aids to sentencing. shall be substantially in the form published as part of 9. To establish forms, protocol, procedure and reason- Local Rule 4006.1. able rules and regulations to enable the Adams County
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 THE COURTS 811
Probation Office to administer and operate a supervised When defendant has been referred for an assessment, bail program and to inform defendants of bail conditions the Probation Office shall evaluate the defendant, confer and consequences of violations thereof. with the District Attorney and promptly notify the refer- 10. To ensure public safety. ring judge or district justice of its recommendations. The report shall include: (a) when the bail authority has not Intake yet authorized supervised bail, that defendant either be Intake procedure by the Probation Office involving granted or denied supervised bail, and (b) when super- supervised bail may be categorized as follows: vised bail is recommended or has been authorized, that a specific level of supervision and identified special condi- • Low risk supervision, where conditions are initially tions be imposed. If admission is recommended, defen- set by the bail authority, and defendant is immediately dant’s signed application, acknowledgement and consent released subject to compliance with those conditions and containing proposed conditions of supervision will be an obligation to report to the Probation Office no later included. An order may then be entered releasing defen- than 2:00 p.m. the following business day. dant on supervised bail. If defendant requests modifica- • Regular or more restrictive supervision, where the tion of any condition, a hearing shall be set. bail authority authorizes supervised bail, subject to estab- No defendant shall be released on supervised bail until lishment of conditions and execution of all necessary he or she has read, acknowledged understanding, agreed documents. to comply with and signed supervised bail conditions and • The bail authority refers defendant to the Probation rules. Failure to do so will be deemed a rejection of Office for assessment and recommendation of eligibility or supervised bail. The Probation Office shall promptly non-eligibility for supervised bail. notify the appropriate judge or district justice of defen- dant’s rejection, when the refusal occurs in the Probation Normally, judges and district justices should not au- Office. thorize release on supervised bail prior to a defendant’s referral to the Probation Office. Otherwise, a hiatus may District Justices shall notify the Probation Office by occur in supervision. However, in exceptional cases, when phone or fax when they have placed a low risk defendant the Probation Office is not open and when the judge or on supervised bail. Copies of all orders and forms shall be district justice determines that a defendant presents a promptly provided. Efforts should be made to avoid low risk of violating conditions of the bail bond, a having defendants ‘‘just show up’’ at the Probation Office defendant may be released on supervised bail. All defen- without the prior knowledge of that office. District Jus- dants shall be referred to the Probation Office for evalua- tices shall also promptly provide the Probation Office tion, execution of necessary papers and supervision, and with copies of orders in all cases where supervised bail is that office shall assess and process the defendant. authorized, or where assessments are ordered. If a judge or district justice admits a defendant into the The Probation Office shall periodically review admis- program when the Probation Office is open, defendant sions to the Adams County Prison to determine if any shall be referred to the office before being released. When prisoners may be eligible for supervised bail. A probation the office is closed, low risk defendants may be tempo- officer may contact the President Judge or appropriate rarily released, after signing all necessary acknowledge- district justice with pertinent information and recommen- ments, agreements and consents, on condition that he or dations. In appropriate cases, a probation officer may she report to the Probation Office no later than 2:00 p.m. assist prisoners in preparing and submitting bail applica- the next business day following release. In all cases, the tions, acknowledgements and consents. The District Attor- Probation Office shall provide the District Attorney with ney shall be provided an opportunity to agree or object to an opportunity to comment upon bail and to request supervised bail. conditions. Assessment and supervision levels Entitlement to supervised bail shall differ between low The Probation Office shall assess defendants to deter- risk assessments and regular and more restrictive super- mine the level of necessary supervision and, after input vision as follows: from the District Attorney, shall recommend a particular (a) Low risk assessments: The Probation Office shall level and special conditions, if any, to the bail authority. submit its assessment and recommendation to the Dis- Levels may subsequently be changed upon recommenda- trict Attorney, who shall approve, disapprove or approve tion of the Probation Office and approval of the bail with additional conditions. The application will then be authority. When restrictions are decreased, defendant’s returned to the Probation Office and defendant given an consent shall not be required. When restrictions are opportunity to agree to additional conditions and/or a increased, defendant must agree, after being notified that higher level of supervision. If defendant agrees, he or she failure to agree will be considered a rejection and rescis- shall sign necessary forms, which will be forwarded to a sion of supervised bail. judge or district justice for entry of an order. If defendant Levels will generally conform to the degree of supervi- does not agree, the matter shall be listed for hearing. sion provided defendants released on probation or parole. Defendant shall remain on supervised bail in the interim. In assessments for purposes of recommending a particu- (b) Other assessments: The Probation Office shall fol- lar level, the Probation Office shall consider bail factors low the same procedure as in low risk cases. However, listed in Pa. R.Crim.P. 4002, impressions garnered during defendant shall not be entitled to supervised bail until he interviews, and other factors as may be set forth in this or she has either agreed to recommended or requested document. The office shall recommend one of four levels, conditions, or after hearing. which are: (c) A defendant may agree conditionally with conditions 1. Low risk supervision and level of supervision, while requesting a hearing to 2. Regular supervision consider modification. In such case, defendant may be released on supervised pending consideration of the re- 3. Intensive supervision quest for modification. 4. House arrest, with or without electronic monitoring
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Documentation • minimal or no prior delinquent or criminal history The Probation Office shall maintain regular and appro- • some history of mental or emotional disorders or priate records regarding defendant’s supervision and com- drug/alcohol abuse but no present indications of such pliance with bail conditions. issues Initial field/home contact • defendant has responded favorably to previous super- The initial home visit/field contact shall take place vision within 3 working days of receipt of the case. The purpose • defendant is employed or provides care for children of this contact is to verify the residence, obtain a layout of the residence, verify all occupants of the residence, and Regular supervision contact requirements: determine whether the possibility exists that weapons or There will be bi-weekly personal contact with the illegal contraband might exist within the residence and defendant. Telephone contact shall occur on a more determine whether the residence is a suitable environ- frequent basis, as needed. Contact may either be with the ment. Probation Office or a local police department, if autho- Collateral contacts rized by court order or by the Probation Office. Contact with local law enforcement authorities as well The Probation Office shall conduct a minimum of one as treatment providers shall be encouraged in order to curfew check weekly and one home visit per month. enhance the community supervision and monitoring of If bail conditions prohibit consumption of alcoholic the defendant. Information shall be sought concerning beverages, defendant must pay a test fee and submit to adjustment in the community and compliance with bail random tests of his or her blood, breath or urine to detect conditions. the presence of controlled substances and/or alcohol. Test Standard conditions of supervision indication of the presence of alcohol or illegal controlled substances shall be grounds for rescission of supervised The following conditions, as set forth in Local Crim. bail. Defendant may be ordered to undergo a drug and Rule 1408, shall apply to all defendants. 1a. b.; 3a. b. c. d. alcohol assessment/evaluation to determine the need for e. f.; 4a. b. c.; 7a. c. d.; 8. Other conditions shall apply if appropriate treatment and to participate in recommended specifically ordered. If defendant is under the age of 21, treatment. Standard conditions hereinafter recited shall condition 1c shall apply. be modified as follows: Levels: Curfew—11:00 p.m.—6:00 a.m., unless special permis- Low risk supervision sion granted by Probation Officer or defendant is working at approved employment. This type of supervision will be ordered when a defen- dant presents a low risk of violating bail conditions and Travel limitations—Unless specifically more restricted, does not pose a threat to the community, but regular bail a defendant may travel freely within a one hundred without monetary conditions may not guarantee defen- fifty-mile radius within Pennsylvania and no approval is dant’s required appearances, and defendant is unable to necessary. Defendant must have the bail authority or a post such regular bail. Defendants under the age of 21 Probation Officer’s permission to travel outside the one shall be subject to special condition 1c. Typically, defen- hundred and fifty-mile radius or to leave the Common- dant shall be required to report frequently by telephone wealth. and to periodically appear either at the Probation Office Employment/Education/Training—If employed, must or to a local police department. Defendant shall be maintain employment. If unemployed, and if health per- required to submit to random tests of blood, breath or mits, defendant must actively seek employment. The urine to detect the presence of controlled substances and Probation Officer may require completion and weekly to pay a $10.00 test fee. The right to travel beyond a submission of job search. Defendant must continue 150-mile radius of the Adams County Courthouse shall be schooling and/or job training if enrolled. subject to at least ten days prior notice to the Probation Office. When travel is beyond the Commonwealth of Special conditions of supervision Pennsylvania, the Probation Office shall notify defendant The following criteria shall be considered in determin- within three working if it forbids, or approves such travel ing whether 1 c. d. e; 2 b. d., which relate to consumption with conditions. In this event, defendant may seek ap- of alcoholic beverages, counseling and evaluation, should proval from the bail authority. be imposed are: Notice given orally to defendant shall suffice. • defendant has a history of criminal involvement with Regular Supervision Requirements alcohol or controlled substances, such as a prior DUI conviction. This type of supervision will be ordered when defen- dant presents a moderate risk of non-compliance and will • police information indicates that alcohol or drug typically conform to supervision provided persons re- consumption was involved in the crime charged. This leased on probation or parole for non-violent crimes, factor includes indications that defendant may have which are relatively minor in nature. Some felonies, such committed the crime while under the influence or was as forgery, may be included and some misdemeanors, such motivated by a desire to procure controlled substances as indecent assault, may be excluded. Simple assaults and/or alcoholic beverages, or that the crime involves the may be included, depending upon the circumstances. use of controlled substances. Gradation of the offense shall not, in itself, be dispositive. • defendant is charged with DUI and his or her blood Reporting requirements may not significantly differ from alcohol concentration was .20 percent or greater. low risk supervision, but other conditions, such as prohi- bition of alcohol consumption, and drug and alcohol • defendant has indicated symptoms of mental or emo- assessment may be added. The following are additional tional impairment, such as disorientation, confusion, inco- considerations: herence, or inability to focus, think and speak rationally.
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Intensive supervision restrictive conditions. Defendant shall be confined to his All conditions of regular supervision, except as changed or her residence and shall not be permitted to leave or modified by more restrictive conditions, shall apply to except for purposes and at such times as specifically intensive supervision. authorized by the Probation Office. Defendant must keep the Probation Office informed of his or her whereabouts The following may be considered in determining at all times. whether defendant’s bail should be intensively super- vised: House arrest may be ordered when charges involve serious crimes, where defendant has failed to comply with • crimes which involve possible classification as a less restrictive conditions, or presents a threat to commit dangerous offender or violent sexual predator. other crimes or to abscond. It involves situations where • the victim of the alleged crime is a child, or someone supervised bail would not normally be considered, but to whom defendant has convenient access, or whom defendant’s employment or family situation provides a defendant may have previously harassed, stalked or degree of assurance that defendant will comply with threatened. conditions of his bail. It may also be ordered when defendant’s trial has been delayed, and regular bail • defendant has a significant history of delinquent imposes a financial hardship on defendant and/or his and/or criminal behavior. family. • defendant has a history of mental/emotional disorders Forms or displays chronic alcohol or drug abuse. Until changed by administrative order, the following • defendant did not comply with less restrictive condi- forms are adopted. tions of the bail supervision. APPLICATION, ACKNOWLEDGEMENT • the Probation Officer’s experience with the defendant AND CONSENT or his or her prior criminal history gives the officer reasonable grounds to believe that more restrictive super- I hereby apply for release on supervised bail. I agree to vision is necessary. pay fees associated with the Supervised Bail Program. I understand that I will be subject to supervision by Adams The Probation Office shall maintain one face to face County Probation Office. I acknowledge that conditions of contact, either in the office or community setting, and one supervised bail have been explained to me and that I collateral contact weekly with the defendant. [Collateral understand them. I also understand that additional condi- contact is communication with the defendant by the tions may be imposed in the future, and agree to comply telephone or communication in some manner with an- with all conditions. I understand that if I refuse to agree other person having regular contact with defendant, such to additional conditions or an increase in my supervision as a local law enforcement officer, treatment specialist/ level, supervised bail may be rescinded and I shall be provider, family member, etc.] The probation officer shall subject to imprisonment until I have posted regular bail. conduct a minimum of one curfew check per week as well as a minimum of two home visits per month on defen- I further acknowledge specific understanding of the dant. following: The following restrictions shall apply: • If an Adams County Probation Officer has reasonable grounds to believe that I have violated conditions of Drug testing/breathalyzer—minimum of one Breath- supervised bail, the officer has absolute authority to alyzer and one urinalysis test per week. Random testing declare supervised bail rescinded and to arrest and as deemed appropriate by the Pretrial Officer commit me to prison. Curfew—10:00 p.m.—6:00 a.m. Sunday through Thurs- • If this happens, I have the right to post regular bail day unless working at approved employment that has been set in addition to supervised bail, and to 11:00 p.m.—6:00 a.m. Friday and Saturday unless request a hearing to ask that the rescission be set aside, working at approved employment or that regular bail be modified or changed. Travel limitations—Within County—unrestricted • The Probation Officer may also request a hearing to travel—No approval necessary. ask that monetary conditions of my supervised bail be forfeited, and/or that both supervised and regular bail be Outside County—Must have Probation Officer’s permis- revoked. sion. • Conditions of supervised bail shall include conditions Employment/Education/Training—Must maintain em- of probation and parole, 1a. b.; 3a. b. c. d. e. f; 4a. b. c.; ployment. If unemployed, and if physically able, must 7a. c. d.; 8; and actively seek employment and complete job search forms. [Minimum of one per week] Must continue schooling if I agree to comply with all conditions of supervised bail, enrolled in school and continue educational pursuits as including conditions of my bail bond. appropriate. I also agree: If ordered, the following condition will apply: 1. To cooperate with the Probation Office at all times, Evaluation and treatment Services—Defendant will un- and agree to follow all orders given by any probation dergo a drug and alcohol and/or mental health evaluation officer. I will appear before the issuing authority or Court to determine the need for appropriate treatment, and at all required times until full and final disposition of the shall follow the recommendations resulting from the criminal proceedings in this case. evaluation. 2. I understand that my regular bail is set at House arrest $ , and that I have the right to post regular bail, until and unless it is revoked. House arrest, with or without electronic monitoring is the most restrictive form of supervised bail. All conditions 3. If conditions 2b. or 2d. are included as conditions, I of restrictive supervision shall apply, as modified by more agree to cooperate in obtaining an evaluation and assess-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 814 THE COURTS ment, and if directed by the Probation Office, to partici- laws; and to live as a law-abiding citizen while on pate in any treatment program [drug, alcohol or mental supervised bail. I understand that condition 3b. requires health program], educational program, psychiatric coun- me to notify the Probation Office within 48 hours of seling, life skills programming, AA, NA or any other receiving a criminal summons or citation, or of any ‘‘Treatment’’ Program deemed appropriate by the Proba- arrest. tion Officer during the period I am under supervision. I will follow all directives and recommendations made by 10. I understand that I am not permitted to associate the treatment and/or program provider. I understand that or have any type of contact with any person with a failure to complete a recommended ‘‘Treatment’’ Program criminal record without the prior approval of the Proba- or refusal to abide by the conditions of the program is a tion Office. violation of my bail conditions and will result in rescis- 11. If condition 1c. is included as a condition of my sion of supervised bail and my incarceration in the Adams supervised bail, I understand that I may not consume County Prison until I post regular bail. beverages containing alcohol. If 1e. is included, I may not 4. I agree to sign all appropriate ‘‘Release of Informa- consume alcoholic beverages without permission of the tion’’ forms allowing the Probation Officer access to the Probation Office. ‘‘Treatment Program’’ information necessary to monitor 12. I understand I must refrain from the unlawful my progress and compliance with all program conditions. possession, use, or distribution of illegal drugs and con- 5. I agree to maintain my residence at , trolled substances. Phone # and will not change my 13. If condition 1d. is included as a condition of my residence without the prior written permission of the supervised bail, that without prior approval of the Proba- Probation Office I understand that I am not permitted to tion Office I am not permitted to be present in any reside with or have any contact in any manner with establishment that serves alcoholic beverages. non-family members who codefendants, victims, persons on probation or parole or any person with a known 14. I agree to submit to blood, breath, or urinalysis criminal record. testing at any time. Any positive results indicating the presence of a prohibited drug, drug metabolites, and/or a 6. I authorize the Adams County Adult Probation De- non-prescribed drug and/or alcohol (if I am subject to partment to search my person, property and/or residence condition 1c. or 1e. shall be a violation of supervised bail at any time with or without a search warrant for the and will result in rescission of supervised bail and period I am on the supervise bail. Any items the posses- incarceration in the Adams County Prison. I understand sion of which constitute a violation of the bail supervision that I will be given two [2] hours to produce a urine rules/conditions and/or bail/bond conditions may be seized specimen of sufficient quantity for testing. Failure to and used as evidence before the Court in the Bail produce a specimen of sufficient quantity and quality for revocation process. laboratory testing within that time will be deemed a 7. I agree that I may not own, possess, use, carry, or violation of supervised bail and can also result in my transport any firearm or deadly weapon or instrument incarceration in the Adams County Prison. while on the supervised bail. 15. I agree to comply with a curfew of 8a. ᮀ I understand that I may not leave the Common- as imposed by the Probation Officer. During this period, I wealth of Pennsylvania, or travel beyond (insert must live at the approved residence at all times. a or b: a. 150 miles from Adams County; b. Adams ᮀ County) without prior permission of the Probation Office. 16. I agree to pay fees as ordered, which are: $25.00 per month supervision fee; ᮀ an electronic monitoring fee 8b. ᮀ I understand that I may not travel beyond 150 of $6.00 per day; or ᮀ $ . miles from Gettysburg without giving the Probation Of- fice at least 10 days advance notice. I understand the 17. I agree to sign a form waiving my rights to formal office shall have three working days to decide whether to extradition, and/or the right to be produced before a impose conditions or forbid me from traveling beyond 150 judicial officer should I be arrested within another juris- miles from Gettysburg. In this event, I may ask a judge diction. or district justice for a ruling. 9. I understand that condition 3a. requires me to Defendant Date Probation Officer comply with all municipal, county, state and Federal
Form of Order (Caption) And now, ,19 , bail is set in the sum of $ . Cash percentage bail ᮀ is ᮀ is not available. Bail shall be subject to requirements of local and state rules of Court and law, and the following special conditions (if none, write none):
A copy of this order shall be provided defendant, Adams County Prison and the Adams County Probation Office. The following apply, if checked: ᮀ Defendant is released on supervised bail, subject to conditions in his application, acknowledgement and consent and subject further to his appearance at Adams County Probation Office no later than 2:00 p.m. on . ᮀ Defendant is notified that he/she may be required to agree to additional conditions after assessment by the Probation Office, in order for supervised bail to continue.
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ᮀ Defendant may be released on supervised bail after arrangements and proper paper work are completed with the Probation Office, and defendant has signed all necessary forms. ᮀ Defendant is referred to the Probation Office for evaluation and recommendation of eligibility for supervised bail. ᮀ Defendant’s obligation to post regular bail as a condition of release ᮀ is: ᮀ shall upon execution of all forms be, suspended and defendant may be released on alternative supervised bail for as long as defendant complies with conditions of supervised bail, and/or until such bail is rescinded, modified, or revoked. Supervised bail shall be subject to conditions of law, state and local rules of Court, as well as all other conditions incorporated in defendant’s application, acknowledgement and consent. In addition, supervised bail shall be subject to the following conditions, as checked: ᮀ ROR ᮀ monetary condition in the sum of $ , with cash percentage bail ᮀ available ᮀ not available; ᮀ Special conditions: ᮀ payment by defendant of a supervision or monitoring fee of $ per . ᮀ defendant shall be under a continuing obligation to keep the Probation Officer informed of his employment and financial status. ᮀ house arrest ᮀ electronic monitoring Any probation officer having reasonable cause to believe that defendant has violated any condition of supervised bail may declare supervised bail to be rescinded and arrest defendant with or without a warrant. Upon arrest, defendant shall be committed to prison pending the posting of regular bail. The probation officer shall promptly file a notice of rescission and arrest with the appropriate court or district justice office and may request revocation of supervised and regular bail, as well as forfeiture of monetary conditions of supervised bail. Defendant may request that supervised bail be reinstated or that regular bail be modified. By the Court,
Judge or District Justice
Order of Referral (to be used when a request for supervised bail is submitted after bail has been set) Caption And now, , upon motion of the defendant, the request for supervised bail is referred to the Probation Office. That office shall evaluate defendant, explain the contents of the application, acknowledgment and consent, and when defendant has signed that form, submit a recommendation to this court via the District Attorney, with the form attached. By the Court,
Judge
Notice of Rescission and Order Caption To the defendant: Your supervised bail has been rescinded and you are subject to imprisonment until you have posted regular bail or until supervised bail is reinstated. You have the right to post regular bail unless and until that bail is revoked by the bail authority. Both you and the Probation Office have the right to demand a hearing. You may either demand that hearing immediately, or file your request promptly with either the court or district justice. Promptness will be determined in light of all circumstances, but generally requires filing within ten days. You may request that supervised bail be reinstated and/or that regular bail be modified or changed. The Probation Office may request that regular bail be revoked and/or that any monetary conditions of your supervised bail be forfeited. Dated: Probation Officer I acknowledge receipt of this notice. I ᮀ do ᮀ do not request a hearing. Dated: Defendant
Order And Now, , a hearing is scheduled for , in a courtroom to be designated. The Probation Office shall notify all interested persons. By the Court,
Judge
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Forms for internal use may be adopted by the Probation Office at any time.
Probation Office Report ᮀ Defendant has signed all necessary papers and has been released on supervised bail. ᮀ Defendant has signed all necessary papers and has been released on supervised bail. ᮀ Defendant has either not agreed to all conditions, has not signed all necessary papers, or has not appeared as directed by order and supervised bail has been rescinded. ᮀ The Probation Office recommends that special conditions be added before defendant is released on supervised bail. Defendant ᮀ has ᮀ has not agreed to additional conditions. (The next items to be checked when defendant has been referred to the Probation Office for evaluation and recommendation.) ᮀ The Probation Office recommends that defendant be considered eligible for supervised bail subject to standard conditions of the supervised bail program and additional conditions . ᮀ The Probation Office recommends that defendant be considered ineligible for supervised bail. Dated: Probation Officer District Attorney’s Acknowledgment (In all cases) I acknowledge that I have received notice of defendant’s supervised bail status. (For referral cases only) ᮀ I acquiesce in supervised bail ᮀ I oppose supervised bail ᮀ I do not oppose supervised bail if condition(s) are added. Dated: District Attorney If defendant conditionally agrees to conditions and level of supervision and requests a hearing, check here ᮀ and sign. Dated:
Order (after referral) caption AND NOW, The following apply, if checked: ᮀ Defendant’s request for supervised bail is denied. ᮀ Defendant may be released on supervised bail subject to conditions in the application, acknowledgment and consent. ᮀ Defendant’s obligation to post regular bail as a condition of release ᮀ is; ᮀ shall upon execution of all forms be, suspended and defendant may be released on alternative supervised bail for as long as defendant complies with conditions of supervised bail, and/or until such bail is rescinded, modified, or revoked. Supervised bail shall be subject to conditions of law, state and local rules of Court, as well as all other conditions incorporated in defendant’s application, acknowledgement and consent. In addition, supervised bail shall be subject to the following conditions, as checked: ᮀ ROR ᮀ monetary condition in the sum of $ , with cash percentage bail ᮀ available ᮀ not available; ᮀ Special conditions: ᮀ payment by defendant of a supervision or monitoring fee of $ per . ᮀ defendant shall be under a continuing obligation to keep the Probation Officer informed of his employment and financial status. ᮀ house arrest ᮀ electronic monitoring Any probation officer having reasonable cause to believe that defendant has violated any condition of supervised bail may declare supervised bail to be rescinded and arrest defendant with or without a warrant. Upon arrest, defendant shall be committed to prison pending the posting of regular bail. The probation officer shall promptly file a notice of rescission and arrest with the appropriate court or district justice office and may request revocation of supervised and regular bail, as well as forfeiture of monetary conditions of supervised bail. Defendant may request that supervised bail be reinstated or that regular bail be modified. By the Court,
Judge
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Rule 4010. Bail Agency. For purposes of administering the supervised bail program, the Adams County Probation Office is designated as the bail agency for this court. BAIL ASSESSMENT Part I. To be completed by the Probation Office Defendant’s name: CC Number: Charges:
Prior Record, if known:
Part II. To be completed by Defendant 1. State your address: Street
City State Zip 2. State your telephone number: ( ) 3. Where do you work? 4. How long have you worked there? 5. What is your take home pay? 6. Name the persons who are dependent upon you for support: NAME AGE RELATIONSHIP ADDRESS (If the same as yours, write same)
7. State your marital and living status: ᮀ married, living with spouse; ᮀ married, but separated; ᮀ divorced; ᮀ living with girl or boyfriend. 8. Prior employment within 5 years: Employers name Period of employment Reason for termination
9. Do you ᮀ own your own home; ᮀ rent a home or apartment; ᮀ live with a friend 10. Do you have family members or a girl or boyfriend living in Adams County? ᮀ Yes; ᮀ No State names and relationship:
11. Have you ever been treated or sought counseling or other treatment for a mental or emotional illness or problem? ᮀ Yes; ᮀ No; If yes, when and by whom: Or for drug dependency? ᮀ Yes; ᮀ No: If yes, when and by whom:
12. Do you consume alcoholic beverages? ᮀ Yes; ᮀ No If so ᮀ beer; ᮀ wine; ᮀ whiskey How many drinks per day? 12a. Do you use non prescribed controlled substances? ᮀ Yes; ᮀ No; ᮀ Declined; If yes, what substance? 13. Have you ever missed work because of alcohol consumption? ᮀ Yes; ᮀ No; Have you been counseled or treated for alcohol abuse? ᮀ Yes; ᮀ No; If yes, when and by whom:
14. Have you ever been convicted of an alcohol or drug related crime? ᮀ Yes; ᮀ No; if yes, when and where:
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15. Have you ever been released on bail before? ᮀ Yes; ᮀ No If yes, when and where: 16. Have you ever failed to appear as directed or ordered in a criminal case? If yes, was a bench warrant issued for your arrest? ᮀ Yes; ᮀ No If yes, what happened:
17. Describe any real estate you own in the State of Pennsylvania: Location Use Your equity (value less liens)
18. Describe any checking or bank accounts you own: Bank Address Type Balance
19. State stocks, bonds, notes you own: Stocks,bonds, CD, or note(s) Where Value
To be signed by defendant: I understand that any false statements made herein and which I do not believe are true, are subject to punishment by law in accordance with 18 Pa.C.S.A. § 4904.
Date Defendant For Probation Office Use: Probation Officer’s Name: List questionable answers or those believed to be untrue.
Supervised bail ᮀ Is; ᮀ Is not recommended. Probation Officer [Pa.B. Doc. No. 99-224. Filed for public inspection February 12, 1999, 9:00 a.m.]
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 819 RULES AND REGULATIONS public input may be sought. The Commission will con- Title 58—RECREATION sider these amendments on final rulemaking at a later FISH AND BOAT COMMISSION date. In addition, the Commission will solicit public comments on a separate notice of proposed rulemaking [58 PA. CODE CHS. 61 AND 75] containing additional changes to the lists set forth in Delaware River Estuary; Endangered, Threatened these sections. and Candidate Species F. Paperwork The Fish and Boat Commission (Commission) by this The amendment will not increase paperwork and will order amends § 61.2 (relating to Delaware River and create no new paperwork requirements. River Estuary). The Commission is publishing this G. Fiscal Impact amendment under the authority of 30 Pa.C.S. (relating to The amendment will have no adverse fiscal impact on Fish and Boat Code) (code). The amendment concerns the Commonwealth or its political subdivisions. The fishing. amendment will impose no new direct costs on the private A. Effective Date sector or the general public. This amendment will go into effect upon publication of H. Public Involvement an order adopting the regulation. A notice of proposed rulemaking containing the pro- B. Contact Person posed amendment was published at 28 Pa.B. 3591 (Au- For further information on the amendment, contact gust 1, 1998). The Commission did not receive any public Laurie E. Shepler, Assistant Counsel, (717) 657-4546, comments regarding the change to § 61.2. P. O. Box 67000, Harrisburg, PA 17106-7000. This final Findings rulemaking is available electronically through the Com- The Commission finds that: mission’s Web site (http://www.fish.state.pa.us). (1) Public notice of intention to adopt the amendment C. Statutory Authority adopted by this order has been given under sections 201 This amendment is published under the statutory and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 authority of section 2102 of the code (relating to rules and P. S. §§ 1201 and 1202) and the regulations promulgated regulations). thereunder, 1 Pa. Code §§ 7.1 and 7.2. D. Purpose and Background (2) A public comment period was provided and that no The amendment is designed to update, modify and comments were received regarding the amendment to improve Commission regulations pertaining to fishing. § 61.2. The specific purpose of the amendment is described in (3) The adoption of the amendment of the Commission more detail under the summary of changes. in the manner provided in this order is necessary and E. Summary of Changes appropriate for administration and enforcement of the authorizing statutes. Section 61.2 (relating to Delaware River and River Estuary). There is a several hundred foot section of the Order Lehigh River between the Easton dam and the confluence The Commission, acting under the authorizing statutes, with the Delaware River where a change in regulations is orders that: warranted. Differing seasons, sizes and creel limits on the (a) The regulations of the Commission, 58 Pa. Code Delaware River versus the Lehigh River have complicated Chapter 61, are amended by amending § 61.2 to read as enforcement of the regulations. The two major problems set forth at 28 Pa.B. 3591. are with walleye and striped bass where the minimum sizes and creel limits differ. Individuals are catching fish (b) The Executive Director will submit this order and in the Delaware River, which has larger minimum size 28 Pa.B. 3591 to the Office of Attorney General for requirements than the Lehigh River, and are claiming approval as to legality as required by law. that they caught these fish in that short section of the (c) The Executive Director shall certify this order and Lehigh River. To provide uniformity for the enforcement 28 Pa.B. 3591 and deposit them with the Legislative officers as well as the angling public, the Commission has Reference Bureau as required by law. amended this section so that the existing Delaware River sizes, seasons and creel limits for all species of fish apply (d) This order shall take effect immediately upon publi- also to this short section of the Lehigh River. cation in the Pennsylvania Bulletin. (2) Sections 75.1—75.3 (relating to endangered species; PETER A. COLANGELO, and threatened species; and candidate species). As part of Executive Director its proposed rulemaking package, the Commission also Fiscal Note: 48A-82. No fiscal impact; (8) recommends proposed changes to §§ 75.1—75.3. However, the Com- adoption. mission voted to extend the public comment period for [Pa.B. Doc. No. 99-225. Filed for public inspection February 12, 1999, 9:00 a.m.] these proposed amendments until March 15, 1999, and to schedule a public meeting/hearing so that additional
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 820 PROPOSED RULEMAKING from a certifying authority recognized by the Department DEPARTMENT OF HEALTH in a notice published in the Pennsylvania Bulletin. The Department proposes to add the statutory definition to [28 PA. CODE CH. 18] this section. Public Swimming and Bathing Places A ‘‘recreational swimming establishment’’ is defined in The Department of Health (Department) proposes to Act75as: amend Chapter 18 (relating to public swimming and A facility that is designed, constructed, and/or desig- bathing places) by adding definitions for ‘‘certified life- nated for use by individuals for the primary purpose guard’’ and ‘‘recreational swimming establishment’’ in of swimming, where a fee is charged for admission. § 18.1 (relating to definitions), and by amending § 18.42 This definition includes, but is not limited to, swim- (relating to lifeguards). The Department also proposes to ming pools, water rides, wave pools, swimming include in § 18.42 the requirements for lifeguard certifi- beaches and other outdoor swimming facilities. The cation and the factors to be considered in determining term excludes those facilities owned by condomini- adequate lifeguard coverage. ums, other property owner associations, rental ar- A. Purpose rangements which include three or more families or social units, hotels or motels, campgrounds, private The Department is directed by the act of June 18, 1998 clubs and private organizations which do not provide (P. L. 531, No. 75) (Act 75), amending the Public Bathing access to the general public, swimming facilities used Law (35 P. S. §§ 672—680d) to determine appropriate exclusively for hydrotherapy and residential swim- authorities to certify lifeguards and to promulgate regula- ming facilities used solely by the owner of a resi- tions to determine the number of lifeguards required at a dence, his family and personal guests. 35 P. S. § 673 recreational swimming establishment when the recre- ational swimming establishment is open to the public. Since this definition enables a swimming establishment The Department is to promulgate these regulations in to change its status based upon whether a fee is charged, consultation with approved certifying authorities and and since the amendment to section 4.1(a) of the Public recreational swimming establishments. Bathing Law (35 P. S. § 675.1(a)) requires only that an adequate number of certified lifeguards shall be on duty The lifeguard requirements of Act 75 and the proposed at a recreational swimming facility when it is ‘‘open to amendments are intended to enhance public safety by the public,’’ the Department is proposing the following requiring adequate lifeguard coverage at certain types of addition to the statutory definition of a ‘‘recreational swimming facilities and by setting forth requirements for swimming establishment:’’ the certification of lifeguards. The regulation currently appearing in § 18.42, requiring lifeguard coverage for When a facility otherwise excluded by this definition public bathing places, was struck by the Pennsylvania provides access to the general public and charges a Supreme Court in 1990 as exceeding the promulgating fee for admission, it shall be considered a recreational agency’s regulatory authority. Spooner v. Secretary of swimming establishment. Commonwealth, 574 A.2d 600 (Pa. 1990). The act of June This addition anticipates a situation in which a facility 28, 1995 (P. L. 89, No. 18), the Conservation and Natural (for example, hotel, motel) which is typically excluded Resources Act (71 P. S. §§ 1340.101—1340.1103), which from the definition of a recreational swimming establish- dismantled the former Department of Environmental ment, is operating for a time in a manner which renders Resources and transferred certain powers and duties to it a recreational swimming establishment subject to the other agencies, also required the Department to again requirements of Act 75. administer the Public Bathing Law. § 18.42 Lifeguards Act 75 granted authority to the Department to ensure that there is an adequate number of certified lifeguards The Department proposes to change the title of this at certain swimming establishments. The application of section to ‘‘certified lifeguards’’ to reflect the Act 75 the proposed lifeguard requirements is limited to ‘‘recre- directive. Current subsections (a) and (b) would be re- ational swimming establishments’’ as defined in Act 75. placed with new subsections (a) and (b). Two major limitations of Act 75’s application are that the Subsection (a) recognized lifeguard certifying authori- swimming establishment must be open to the public and ties. charge a fee for admission. The Department therefore proposes to amend § 18.42 to delete the inoperative This subsection proposes criteria that would require a language and to add language which corresponds to the lifeguarding course of a lifeguarding certifying authority requirements of Act 75. for that certifying authority to be recognized by the Department. The criteria are based on Nationally- The Department conducted a stakeholder meeting on recognized lifeguard certifying authority standards. October 1, 1998, to consult with representatives of life- guard certifying authorities and recreational swimming Subsection (b) facilities requiring lifeguards. establishments on the development of regulations relating This subsection would provide the Department’s criteria to the lifeguard requirements of Act 75. Information and for determining that an adequate number of certified suggestions provided by stakeholders have been included lifeguards are on duty at a recreational swimming estab- in these proposed amendments. lishment to protect the safety of the public when that B. Requirements establishment is in operation. Traditionally, the number § 18.1 Definitions of lifeguards required at public bathing places under National standards has been based upon the surface area A ‘‘certified lifeguard’’ is defined in Act 75 as an of the facility, user load (number of swimmers in the individual who has a current certificate in lifeguarding pool), or a combination of both. This approach to deter-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 821 mining an adequate number of lifeguards at a given ‘‘Regulatory Review and Promulgation.’’ A copy of this facility does not take into consideration the proliferation material is available to the public upon request. of uniquely designed pools and types of facilities (for Under section 5(g) of the Regulatory Review Act, if example, wave pools). IRRC has objections to any portion of the proposed A number of Nationally-recognized lifeguard certifying amendments, it will notify the Department within 10 authorities (for example, The American Red Cross, days of the close of the Committees’ review period. The YMCA, Ellis and Associates, Inc.) have addressed the notification shall specify the regulatory review criteria need for adequate lifeguard coverage by recognizing that which have not been met by that portion. The Regulatory each facility is different and that any attempt to protect Review Act specifies detailed procedures for review prior user safety must account for individual facility size, to final publication of the amendments, by the Depart- design and utilization. Furthermore, while it is important ment, the General Assembly and the Governor, of objec- to have an adequate number of lifeguards, swimmers’ tions raised. safety is further protected when those lifeguards have H. Contact Person been trained and situated so they can visually monitor, detect, react and reach a victim within an acceptable Interested persons are invited to submit all comments, amount of time. This subsection would incorporate cur- suggestions or objections regarding the proposal to Will- rent certifying authority standards for ensuring adequate iam M. Williams, Environmental Health Administrator, lifeguard coverage. Bureau of Community Health Systems, Room 628, Health and Welfare Building, Harrisburg, PA 17120, (717) 787- C. Who is Affected by the Proposed Amendments 4366 within 30 days after publication of this proposal in The proposed amendments requiring adequate coverage the Pennsylvania Bulletin. A person with a disability may by certified lifeguards at recreational swimming estab- submit comments, suggestions or objections regarding the lishments would affect swimming and bathing facilities proposed amendments to William Williams in alternative when they are open for use by the general public and a formats, such as audiotape, braille or V/TT: (717) 783- fee is charged for admission. These establishments in- 6514 or the Pennsylvania AT&T Relay Service at (800) clude, water parks, municipal pools, State park pools and 654-5984 [TT]. A person with a disability may request an natatoria. The proposed amendments would affect estab- alternative format of this document by contacting William lishments which do not usually meet the statutory defini- Williams so that he may make the necessary arrange- tion of a recreational swimming establishment (for ex- ments. ample, hotels or motels) but may on occasion operate as a GARY L. GURIAN, recreational swimming establishment when that facility Acting Secretary is open to the general public and charges a fee for Fiscal Note: 10-155. No fiscal impact; (8) recommends admission. The proposed amendments would also enhance adoption. the safety of the public when it uses recreational swim- ming establishments. Annex A D. Cost and Paperwork Estimates TITLE 28. HEALTH AND SAFETY These proposed amendments are projected to have little PART II. LOCAL HEALTH fiscal impact on the Commonwealth, local government, CHAPTER 18. PUBLIC SWIMMING AND BATHING the private sector and the general public. Most recre- FACILITIES ational swimming establishments, as defined by Act 75, currently employ lifeguards to protect the safety of their GENERAL PROVISIONS patrons. Facilities which comply with these regulations § 18.1. Definitions. may derive a benefit from lower liability insurance rates which may offset potential costs incurred. The proposed The following words and terms, when used in this amendments will not significantly increase paperwork. chapter, have the following meanings, unless the context clearly idicates otherwise: E. Effective Date/Sunset Date ***** These proposed amendments will be effective immedi- Certified lifeguard—An individual who has a cur- ately upon final adoption. There is no sunset date. rent certificate in lifeguarding, from a lifeguard F. Statutory Authority certifying authority, as recognized by the Depart- ment in a notice published yearly in the Pennsylva- The amendments are proposed under Act 75. Act 75 nia Bulletin. requires that the Department determine appropriate au- thorities to certify lifeguards and promulgate regulations ***** to determine the number of lifeguards required at a Recreational swimming establishment—A facility recreational swimming establishment. that is designed, constructed or designated for use G. Regulatory Review by individuals for the primary purpose of swim- ming, if a fee is charged for admission. The term Under section 5(a) of the Regulatory Review Act (71 includes swimming pools, water rides, wave pools P. S. § 745.5(a)), the Department will submit a copy of and swimming beaches and other outdoor swim- the proposed amendments to the Independent Regulatory ming facilities. The term excludes those facilities Review Commission (IRRC) and to the Chairpersons of owned by condominiums, other property owner the House Committee on Health and Human Services and associations, rental arrangements which include the Senate Committee on Public Health and Welfare. In three or more families or social units, hotels or addition to submitting the proposed amendments, the motels, campgrounds, private clubs and private Department will provide IRRC and the Committees with organizations which do not provide access to the a copy of a Regulatory Analysis Form prepared by the general public, swimming facilities used exclusively Department in compliance with Executive Order 1996-1, for hydrotherapy, and residential swimming facil-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 822 PROPOSED RULEMAKING ities used solely by the owner of a residence, the (3) Station one or more lifeguards at waterside owner’s family and personal guests. When a facility when the recreational swimming establishment is otherwise excluded by this definition provides ac- open and not assign other tasks which could divert cess to the general public and charges a fee for the attention of lifeguards from the safety of users. admission, it shall be considered a recreational (4) Ensure that the entire area of the recreational swimming establishment. swimming establishment can be visually monitored ***** by lifeguards at least every 10 seconds. GENERAL SAFETY (5) Ensure that the lifeguard-to-victim response time is 20 seconds or less. § 18.42. Certified [ Lifeguards ] lifeguards. (6) Monitor and evaluate lifeguard staff perfor- (a) [ Number. One or more competent lifeguards mance during actual or simulated operational con- in adequate number shall be on duty at the water- ditions, and modify the lifeguard coverage plan as side at all times the public bathing place is open to necessary to ensure the safety of users. use by bathers, and may not be assigned other (7) Provide appropriate lifeguard orientation and tasks which will divert attention from the safety of regular inservice training at least yearly on the the bather. topics of lifesaving techniques, safety equipment (b) Qualifications. Lifeguards shall be capable and emergency procedures. swimmers, skilled in lifesaving methods and in [Pa.B. Doc. No. 99-226. Filed for public inspection February 12, 1999, 9:00 a.m.] methods of artificial resuscitation as evidenced by the possession of a currently valid certificate or other proof of proficiency from a recognized agency offering instructions in these fields. ] Recognized lifeguard certifying authorities. The Department will recognize a lifeguard certifying FISH AND BOAT authority if the certifying authority’s lifeguard training course satisfies the following require- COMMISSION ments: [58 PA. CODE CH. 63] (1) The course is conducted pursuant to a written Fishing for Bass During Spring Season training plan, instructors’ manual and textbook. (2) It provides for instruction in cardiopulmonary The Fish and Boat Commission (Commission) proposes resuscitation. to add § 63.43 (relating to fishing for bass during spring (3) It provides for instruction in first aid. season). The Commission is publishing this regulation as a notice of proposed rulemaking under the authority of 30 (4) It includes a system for evaluating swimming Pa.C.S. (relating to Fish and Boat Code) (code). The ability. proposed regulation deals with fishing for bass during the (5) It provides for instruction in lifeguarding re- spring season. sponsibilities and pool operation. A. Effective Date (6) It provides a method for testing and certifica- The proposed regulation, if approved on final rule- tion. making, will go into effect on January 1, 2000, or upon (7) It includes a certificate which expires if re- publication of an order adopting the regulation in the newal criteria are not satisfied. Pennsylvania Bulletin, whichever occurs later. (8) Its instructors have completed an approved B. Contact Person lifeguard instructors’ certification program. For further information on the proposed rulemaking, (9) Upon successful completion of the course, the contact Laurie E. Shepler, Assistant Counsel, (717) 657- names of certified individuals are entered into an 4546, P. O. Box 67000, Harrisburg, PA 17106-7000. This accessible information system. proposal is available electronically through the Commis- sion’s Web site (http://www.fish.state.pa.us). (b) Required number of lifeguards. A recreational swimming establishment shall have on duty an C. Statutory Authority adequate number of certified lifeguards to protect The proposed regulation is published under the statu- the safety of users. To ensure an adequate number tory authority of section 2102 of the code (relating to of certified lifeguards, the operator of a recre- rules and regulations). ational swimming establishment shall: D. Purpose and Background (1) Develop, write and adhere to a lifeguard cov- The proposal is designed to update, modify and improve erage plan for the recreational swimming establish- Commission regulations relating to fishing for bass dur- ment incorporating the standards of a Department- ing the spring season. The specific purpose is described in recognized lifeguard certifying authority which more detail under the summary of proposal. specifies how the recreational swimming establish- ment shall provide an adequate number of certified E. Summary of Proposal lifeguards at relevant times. This plan shall be posted in an area commonly utilized by lifeguard One of the issues raised by the Commission’s recent staff and shall be available to the Department and changes to bass season, size and creel limits was the any member of the public upon request. perception that bass populations require special protec- tion during the traditional closed season from mid-April (2) Consider facility size, design and utilization. until mid-June. Therefore, the Commission proposes that
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 823 during the period from 12:01 a.m. on the first Saturday which taken during this period will not be considered a after April 11 until 12:01 a.m. on the first Saturday after violation of this section. June 11, it will be unlawful to kill or possess (while in the [Pa.B. Doc. No. 99-227. Filed for public inspection February 12, 1999, 9:00 a.m.] act of fishing) any largemouth, smallmouth or spotted bass. Under the proposal, no tournaments will be permit- ted during this time period. Catch and release fishing for bass during this period will be limited. It will be unlawful for an angler to repeatedly cast into a clearly visible bass spawning nest or redd in an effort to catch or take bass. FISH AND BOAT Otherwise, a bass caught and immediately returned unharmed to the waters from which taken during this COMMISSION period will not be considered a violation of the regulation. [58 PA. CODE CHS. 63 AND 65] F. Paperwork Sale, Purchase or Barter of Fish Parts and Fish The proposal will not increase paperwork and will Eggs; Miscellaneous Special Regulation create no new paperwork requirements. G. Fiscal Impact The Fish and Boat Commission (Commission) proposes to add § 63.42 (relating to sale, purchase or barter of fish The proposal will have no adverse fiscal impact on the parts and fish eggs) and amend § 65.24 (relating to Commonwealth or its political subdivisions. The proposal miscellaneous special regulations). The Commission is will impose no new costs on the private sector or the publishing these amendments as a notice of proposed general public. rulemaking under the authority of 30 Pa.C.S. (relating to Fish and Boat Code) (code). The proposed amendments H. Public Comments deal with fishing. Interested persons are invited to submit written com- A. Effective Date ments, objections or suggestions about the proposed regu- The proposed amendments, if approved on final rule- lation to the Executive Director, Fish and Boat Commis- making, will go into effect upon publication of an order sion, P. O. Box 67000, Harrisburg, PA 17106-7000, within adopting the amendments in the Pennsylvania Bulletin. 30 days after publication of this notice in the Pennsylva- nia Bulletin. Comments submitted by facsimile will not B. Contact Person be accepted. For further information on the proposed changes, con- tact Laurie E. Shepler, Assistant Counsel, (717) 657-4546, Comments also may be submitted electronically at P. O. Box 67000, Harrisburg, PA 17106-7000. This pro- ‘‘[email protected].’’ A subject heading of the posal is available electronically through the Commission’s proposal and a return name and address must be in- Web site (http://www.fish.state.pa.us). cluded in each transmission. If an acknowledgment of electronic comments is not received by the sender within C. Statutory Authority 2 working days, the comments should be retransmitted to The proposed amendments are published under the ensure receipt. statutory authority of section 2102 of the code (relating to PETER A. COLANGELO, rules and regulations). Executive Director D. Purpose and Background Fiscal Note: 48A-92. No fiscal impact; (8) recommends The proposed amendments are designed to update, adoption. modify and improve Commission regulations relating to fishing. The specific purpose of each amendment is Annex A described in more detail under the summary of proposal. E. Summary of Proposal TITLE 58. RECREATION (1) Section 63.42 (relating to sale, purchase or barter of PART II. FISH AND BOAT COMMISSION fish parts and fish eggs). The Commission recently re- ceived inquiries as to whether it is legal to sell fish parts Subpart B. FISHING and fish eggs. The principal focus of these inquiries has been on the sale of steelhead eggs taken from Lake Erie CHAPTER 63. GENERAL FISHING REGULATIONS and its tributaries. Various groups and individuals have § 63.43. Fishing for bass during spring season. expressed the belief that the taking and killing of these sportfish for purpose of selling their eggs is inappropriate. During the period from 12:01 a.m. on the first Saturday It has been the Commission staff’s position that the after April 11 until 12:01 a.m. on the first Saturday after sale, offer for sale or purchase of fish, fish parts and fish June 11: eggs by anglers is prohibited by section 3311 of the code (relating to sale of certain fish prohibited). There are (1) It is unlawful to kill or possess, while in the act of limited exceptions to this general rule for species autho- fishing, any largemouth, smallmouth or spotted bass. rized to be taken by holders of Lake Erie commercial fishing licenses. In addition, holders of live bait fish, live (2) Tournaments are not permitted. fish bait and live fish dealers licenses may sell or (3) Catch and release fishing for bass is limited as purchase certain species (not including steelhead) of live follows: It is unlawful for an angler to repeatedly cast fish. into a clearly visible bass spawning nest or redd in an To clarify the interpretation of existing law and en- effort to catch or take bass. Otherwise, a bass caught hance its enforceability, the Commission proposes an and immediately returned unharmed to the waters from amendment to its general fishing regulations.
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 824 PROPOSED RULEMAKING
(2) Section 65.24 (relating to miscellaneous special cluded in each transmission. If an acknowledgment of regulations). For some years, portions of Paden (Finley) electronic comments is not received by the sender within Creek and Linesville Creek, Crawford County, have had 2 working days, the comments should be retransmitted to miscellaneous special regulations in effect during the ensure receipt. walleye run each spring. During a recent review of this PETER A. COLANGELO regulation, Commission staff noted that clarification is Executive Director necessary to protect walleye in these rather small streams during the spawning season. Linesville Creek Fiscal Note: 48A-91. No fiscal impact; (8) recommends flows into Pymatuning Sanctuary while Paden (Finley) adoption. Creek enters the main lake north of Clark Island. Both Annex A streams are conducive to poaching activity (including TITLE 58. RECREATION spearing) when walleye are running. PART II. FISH AND BOAT COMMISSION The Commission believes that it is appropriate to declare portions of both streams as nursery waters under Subpart B. FISHING § 67.1 (relating to nursery waters and exhibition areas) CHAPTER 63. GENERAL FISHING REGULATIONS and to close them to all fishing during the period March 1 § 63.42. Sale, purchase or barter of fish parts and through April 15. This will provide adequate protection to fish eggs. walleye stocks. The designation will apply to the reach of Paden (Finley) Creek from the mouth upstream to ‘‘Finley It is unlawful for a person to sell, purchase, offer Bridge’’ on State Route 6 and to Linesville Creek from the for sale or barter any fish parts or fish eggs mouth (Pymatuning Sanctuary) upstream to the Conrail obtained from fish taken from the waters of this Railroad bridge north of State Route 6 in Linesville. Commonwealth, including boundary waters. This Furthermore, the nursery water designation will prohibit prohibition does not apply to fish parts and fish spearing or gigging, or both, on these streams during the eggs lawfully taken and sold or offered for sale by March 1 through April 15 period as a further measure to holders of commercial fishing licenses under Chap- protect walleye during the spawning run. This designa- ter 29 of the code (relating to special licenses and tion makes unnecessary the current special regulation permits), if the particular species of fish is autho- prohibiting spear fishing during the walleye run each rized for taking by commercial licensees. This pro- spring when Finley and Linesville Creeks are so posted. hibition does not apply to the sale, purchase, offer Therefore, the Commission proposes to remove both for sale or barter of fish parts and fish eggs legally streams from miscellaneous special regulation under obtained from fish taken lawfully from waters out- § 65.24. side this Commonwealth, if the seller or purchaser is able to document the source of the fish parts or F. Paperwork fish eggs from lawful sources outside this Common- The proposed amendments will not increase paperwork wealth. and will create no new paperwork requirements. CHAPTER 65. SPECIAL FISHING REGULATIONS G. Fiscal Impact § 65.24. Miscellaneous special regulations. The proposed amendments will have no adverse fiscal The following waters are subject to the following mis- impact on the Commonwealth or its political subdivisions. cellaneous special regulations: The proposed amendments will impose no new costs on the private sector or the general public. Name of County Water Special Regulations H. Public Comments ***** Interested persons are invited to submit written com- [ Crawford Finley and Spearing fish is prohib- ments, objections or suggestions about the proposed Linesville ited during the Walleye amendments to the Executive Director, Fish and Boat Creeks run each spring when Commission, P. O. Box 67000, Harrisburg, PA 17106-7000, these streams are so within 30 days of publication of this notice in the posted. ] Pennsylvania Bulletin. Comments submitted by facsimile ***** will not be accepted.
Comments also may be submitted electronically at [Pa.B. Doc. No. 99-228. Filed for public inspection February 12, 1999, 9:00 a.m.] ‘‘[email protected].’’ A subject heading of the proposal and a return name and address must be in-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 825 NOTICES tion of flock premises, education of the owner of the flock DEPARTMENT OF and personnel working with the flock to recognize clinical signs of Scrapie and control the spread of Scrapie, and AGRICULTURE maintaining records of animals in the flock. Scrapie Containment and Eradication Strategy High Risk Animal—An animal which is: The Department of Agriculture (Department) hereby (i) The progeny of a Scrapie-positive dam; or gives notice of its Scrapie Containment and Eradication (ii) Born in the same flock during the same lambing Strategy. Scrapie—an infectious disease of sheep and season as progeny of a Scrapie-positive dam, unless the goats caused by a virus-like agent—is currently present progeny of the Scrapie-positive dam are from a different within the Commonwealth’s sheep and goat populations. contemporary lambing group (animals in this category This notice is intended to provide sheep and goat owners intended for slaughter at less than 1 year of age will not an understanding of the Department’s authority with be considered to be ‘‘high risk’’ animals, but will be respect to Scrapie and its planned approach to detecting, identified and monitored); or containing and eradicating this disease. In summary, the Department will use special quarantines and approved (iii) Born in a source flock or a trace flock during the flock plans to work toward the elimination of this disease. same lambing season as a Scrapie-positive ewe or ram in A more detailed explanation of this strategy, and a the same flock. glossary of terms, are set forth as follows. Infected Flock—A flock in which a USDA or Depart- A. Legal Background. ment representative has determined a sheep or goat to be a Scrapie-positive animal. The Domestic Animal Law (3 Pa.C.S. §§ 2301—2389) gives the Department broad authority to detect, contain Lambing group—Groups of sheep or lambs that are and eradicate ‘‘dangerous transmissible diseases’’ of ani- managed as separate units and that are not commingled mals. This includes authority to impose quarantines when during lambing and for at least 60 days following the the Department detects dangerous transmissible disease date of the last lamb born in the same lambing facility, or has a reasonable suspicion of the presence of danger- unless the lambing facility is cleaned and disinfected ous transmissible disease. The Department may also between lambings by removing all organic matter and impose conditions and restrictions as part of a quarantine spraying the lambing facility with a 2% sodium hydroxide order. solution or 0.5% sodium hypochlorite solution. Scrapie is a dangerous transmissible disease of ani- Scrapie-positive animal—An animal with respect to mals, and is so designated in § 2321(a)(36) of the Domes- which a Scrapie diagnosis has been made by the National tic Animal Law (3 Pa.C.S. § 2321(a)(36)). Veterinary Services Laboratories (NVSL), USDA or an- Scrapie has been present in various sheep and goat other laboratory authorized to conduct Scrapie tests herds in this Commonwealth for several years. The through histological examination of central nervous sys- Department is launching an effort to identify, contain and tem tissue samples from the animal for microscopic eradicate this disease in accordance with the duty and lesions in the form of neuronal vacuoles or spongy authority imparted it under the Domestic Animal Law. degeneration, or by the use of Protease-resistant protein analysis or other confirmatory techniques used in the B. Scrapie Containment and Eradication Strategy. conjunction with histological examination. (1) Common Terms. An understanding of the words and Source Flock—A flock in which a USDA or Department terms associated with the Department’s Scrapie Contain- representative has determined that at least two animals ment and Eradication Strategy is an important first step that were diagnosed as Scrapie-positive animals at an age toward a clear understanding of the strategy itself. The of 54 months or less were born. In order to be a source following words and terms comprise the common vocabu- flock, the second Scrapie-positive diagnosis must be made lary with respect to this Strategy: within 60 months of the first Scrapie-positive diagnosis. Department—The Department of Agriculture. Trace Flock—A flock in which a USDA or Department Flock—All sheep and goats maintained on any single representative has determined that one animal was born premises, and sheep and goats under common ownership that was diagnosed as a Scrapie-positive animal at an age or control on two or more geographically-separated pre- of 54 months or less. mises with respect to which there is an interchange or movement of sheep or goats. USDA—The United States Department of Agriculture. Flock Plan—A written flock management agreement Voluntary Scrapie Flock Certification Program—A vol- designed by the owner of the flock, an accredited veteri- untary Federal/State/Industry cooperative effort estab- narian and a USDA Veterinary Services representative or lished and maintained to: Department representative in which each participant (i) Reduce the occurrence and spread of Scrapie; agrees to undertake actions specified in the flock plan to control the spread of Scrapie from, and eradicate Scrapie (ii) Identify flocks which have been free of evidence of in, an infected flock, a source flock or a trace flock. The Scrapie over specified time periods; and flock plan shall require an epidemiologic investigation to (iii) Contribute to the eventual eradication of Scrapie. identify high-risk animals that must be removed from the flock, and shall include other requirements found neces- (2) Implementation of Quarantine. Any flock designated sary by the USDA or Department representative to an infected flock, a trace flock or a source flock will be control Scrapie in the flock. These other requirements quarantined under an Order of Special Quarantine. High may include, but are not limited to, cleaning and disinfec- risk animals in other flocks will be individually quaran-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 826 NOTICES tined under an Order of Special Quarantine and subject (6) Approved Flock Plan Required. An approved flock to the same restrictions/requirements found in para- plan will be developed and implemented for each quaran- graphs B. (3), (4) and (5). tined flock. Upon completion of all the actions called for (3) Identification of Individual Animals. All sheep and under the flock plan, the Order of Special Quarantine will goats within a quarantined flock will be inventoried and be revoked. individually identified. C. Contact Person. (4) Movement of Sheep or Goats under Quarantine. While a flock is under quarantine, sheep or goats may not Questions regarding this Scrapie Containment and be moved from the premises unless the Department first Eradication Strategy should be directed to Phillip DeBok, issues a permit allowing the movement. A permit will DVM, Chief, Animal Health Division, Bureau of Animal only be issued to allow movement directly to one of the Health and Diagnostic Services, at the Agriculture Build- following locations: ing, 2301 North Cameron Street, Harrisburg, PA 17110- (a) A slaughter establishment; 9408, (717) 783-5301. (b) A rendering establishment; or SAMUEL E. HAYES, Jr., Secretary (c) A diagnostic laboratory for diagnostic/disposal pur- poses. [Pa.B. Doc. No. 99-229. Filed for public inspection February 12, 1999, 9:00 a.m.] (5) Prohibited Use. Sheep or goats designated as high risk animals or suspected of having Scrapie will not be used for human or animal food. DEPARTMENT OF BANKING Action on Applications
The Department of Banking of the Commonwealth of Pennsylvania, under the authority contained in the act of November 30, 1965 (P. L. 847, No. 356), known as the Banking Code of 1965; the act of December 14, 1967 (P. L. 746, No. 345), known as the Savings Association Code of 1967; the act of May 15, 1933 (P. L. 565, No. 111), known as the Department of Banking Code; and the act of December 19, 1990 (P. L. 834, No. 198), known as the Credit Union Code, has taken the following action on applications received for the week ending February 2, 1999. BANKING INSTITUTIONS Branch Applications Date Name of Bank Location Action 1-28-99 Keystone Savings Bank Cedar Crest Blvd. Filed Bethlehem and Tilghman St. Northampton County South Whitehall Twp. Lehigh County 2-1-99 Pittsburgh Home Savings Bank 1000 Village Run Road Filed Pittsburgh Wexford Allegheny County Pine Township Allegheny County 2-1-99 Main Street Bank 50 West Market St. Filed Reading West Chester Berks County Chester County 2-1-99 Main Street Bank 225 West Lancaster Ave. Filed Reading Ardmore Berks County Montgomery County 2-1-99 Main Street Bank 65 North York Road Filed Reading Willow Grove Berks County Montgomery County 2-1-99 Northwest Savings Bank 1903 Hubbard Road Filed Warren North Madison Warren County Lake County, Ohio 2-1-99 Northwest Savings Bank 70 Richmond Street Filed Warren Painesville Warren County Lake County, Ohio 2-1-99 Northwest Savings Bank 30 East Main Street Filed Warren Geneva Warren County Ashtabula County, Ohio 2-1-99 Northwest Savings Bank 325 Center Street Filed Warren Chardon Warren County Geauga County, Ohio
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Date Name of Bank Location Action 2-2-99 The Fidelity Deposit & 801 Wyoming Avenue Approved Discount Bank West Pittstown Dunmore Luzerne County Lackawanna County Branch Relocations/Consolidations Date Name of Bank Location Action 12-24-98 The Bryn Mawr Trust Company Into: 330 E. Lancaster Ave. Effective Bryn Mawr Radnor Township Montgomery County Delaware County From: 3 Radnor Corporate Ctr. Radnor Township Delaware County Branch Discontinuances Date Name of Bank Location Action 1-29-99 S & T Bank Route 28 & Carrier St. Filed Indiana Summerville Indiana County Jefferson County SAVINGS ASSOCIATIONS No activity. CREDIT UNIONS Branch Applications Date Name of Credit Union Location Action 1-27-99 First Credit Union of Scranton 2800 Stafford Avenue Filed Scranton Scranton Lackawanna County Lackawanna County RICHARD C. RISHEL, Secretary [Pa.B. Doc. No. 99-230. Filed for public inspection February 12, 1999, 9:00 a.m.]
DEPARTMENT OF DEPARTMENT OF CONSERVATION AND EDUCATION NATURAL RESOURCES Request for Proposal; GEAR UP (Gaining Early Awareness and Readiness for Undergraduate Conservation and Natural Resources Advisory Programs) Council; Meeting Notice The Pennsylvania Department of Education (PDE), in Notice is hereby given of a meeting of the Conservation collaboration with the Pennsylvania Higher Education and Natural Resources Advisory Council to the Depart- Assistance Agency (PHEAA) solicits proposals from 2 and 4-year colleges or universities to join with the PDE and ment of Conservation and Natural Resources on Wednes- PHEAA in applying for a competitive GEAR UP State day, February 24, 1999. The meeting will be held at 10 Grant from the United States Department of Education. a.m. in Room 105, Lobby Level, Rachel Carson State Proposals are solicited to provide college awareness activi- Office Building, 400 Market Street, Harrisburg, PA. ties, improved academic support, information on paying Questions concerning this meeting or agenda items can for college, and scholarships to students at selected be directed to Kurt Leitholf at (717) 705-0031. high-poverty school districts/schools. It is the intent that PHEAA administer the GEAR UP scholarship component Persons in need of accommodations as provided for in in coordination with PDE and the selected school the Americans With Disabilities Act of 1990 should districts/schools. (A listing of participating high-poverty contact Claire Guisewite directly at (717) 705-0031 or school districts will be posted at http://www.pde.psu.edu through the Pennsylvania AT&T Relay Service at (800) by February 19th.) 654-5984 (TDD) to discuss how the Department may accommodate their needs. Eligible Applicants: All 2- and 4-year institutions of higher education within the Commonwealth of Pennsylva- RANDY COOLEY, nia. Chairperson [Pa.B. Doc. No. 99-231. Filed for public inspection February 12, 1999, 9:00 a.m.] Funding Level: Grant funds awarded for each success- ful applicant shall depend upon the merit and scope of the proposed project, as well as the level of Federal
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 828 NOTICES funding received by Pennsylvania from the United States. attendees expense). Online registration is available be- Department of Education under this grant. tween January 21 and February 22, 1999 at http:// Duration of Project: If awarded by the United States www.gearup.org. Registration information may also be Department of Education, project will be funded for a faxed to (202) 260-4269. period of 5 years. Applications should be addressed to Dr. John J. Kehoe, Deadline: Applications must be received at the Penn- Collegiate Approvals and Research Unit, Office of sylvania Department of Education no later than 3 p.m. Postsecondary and Higher Education, Department of Edu- March 19, 1999. cation, 333 Market Street—12th floor, Harrisburg, Pa. Additional Information: Additional information and 17126-0333. guidelines may be obtained from the PDE web-site at EUGENE W. HICKOK, http://www.pde.psu.edu (by February 19th) click on Secretary Postsecondary and Adult Education. Interested applicants may also attend a free regional workshop sponsored by [Pa.B. Doc. No. 99-232. Filed for public inspection February 12, 1999, 9:00 a.m.] the Ford Foundation to be held in Philadelphia, Pa on March 11 at the Penn Tower Hotel (all travel costs are at DEPARTMENT OF ENVIRONMENTAL PROTECTION Applications, Actions and Special Notices
APPLICATIONS
APPLICATIONS RECEIVED UNDER THE PENNSYLVANIA CLEAN STREAMS LAW AND THE FEDERAL CLEAN WATER ACT
[National Pollution Discharge Elimination System Program (NPDES)] DISCHARGE OF CONTROLLED INDUSTRIAL WASTE AND SEWERAGE WASTEWATER (Part I Permits) The following parties have applied for an NPDES permit to discharge controlled wastewaters into the surface waters of this Commonwealth. Unless otherwise indicated, on the basis of preliminary review and application of lawful standards and regulations, the Department of Environmental Protection (Department) proposes to issue a permit to discharge, subject to certain effluent limitations and special conditions. These proposed determinations are tentative. Where indicated, the EPA, Region III, Regional Administrator has waived the right to review or object to this proposed permit action under the waiver provision 40 CFR 123.6E. Persons wishing to comment on the proposed permit are invited to submit a statement to the office noted above the application within 30 days from the date of this public notice. Comments received within this 30-day period will be considered in the formulation of the final determinations regarding this application. Responses should include the name, address and telephone number of the writer and a concise statement to inform the Department of the exact basis of a comment and the relevant facts upon which it is based. A public hearing may be held if the responsible office considers the public response significant. Following the 30-day comment period, the Program Manager will make a final determination regarding the proposed permit. Notice of this determination will be published in the Pennsylvania Bulletin at which time this determination may be appealed to the Environmental Hearing Board. The application and related documents, proposed effluent limitations and special conditions, comments received and other information are on file and may be inspected and arrangements made for copying at the office indicated above the application. Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other accommodation to participate in the proceedings, should contact the specified program. TDD users may contact the Department through the Pennsylvania AT&T Relay Service at (800) 654-5984.
Applications for National Pollutant Discharge Elimination System (NPDES) permit to discharge to State waters.
Southeast Regional Office: Regional Manager, Water Management, Lee Park, Suite 6010, 555 North Lane, Conshohocken, PA 19428, (610) 832-6130.
PA 0043974. Sewage, Valley Forge Sewer Authority, 333 Pawling Road, Phoenixville, PA 19460-2656.
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This application is for renewal of an NPDES permit to discharge treated sewage from the Valley Forge Sewer Authority WWTP in Schuylkill Township, Chester County. This is an existing discharge to the Schuylkill River.
The receiving stream is classified for the following uses: warm water fishery, aquatic life, water supply and recreation.
The proposed effluent limits for Outfall 001, based on an average flow of 9.4 mgd are as follows: Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)
CBOD5 (5-1 to 10-31) 20 30 40 (11-1 to 4-30) 25 40 50 Suspended Solids 30 45 60 Ammonia (as N) (5-1 to 10-31) 15.0 30.0 (11-1 to 4-30) 20.0 40.0 Total Residual Chlorine (years 1 and 2) monitor/report monitor/report (years 3, 4 and 5) 0.5 1.6 Fecal Coliform 200 colonies/100 ml as a geometric average Dissolved Oxygen minimum of 5.0 mg/l at all times pH within limits of 6.0—9.0 standard units at all times
The proposed effluent limits for Outfall 001, based on an average flow of 9.4 mgd are as follows: Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Total Mercury 0.3 0.6 0.75 Total Copper monitor/report monitor/report Total Lead monitor/report monitor/report Total Zinc monitor/report monitor/report Free Cyanide monitor/report monitor/report Total Arsenic monitor/report monitor/report Total Cadmium monitor/report monitor/report Hexavalent Chromium monitor/report monitor/report Total Selenium monitor/report monitor/report Total Silver monitor/report monitor/report
The EPA waiver is not in effect.
PA 0024376. Sewage, Borough of Boyertown, 100 South Washington Street, Boyertown, PA 19512. This application is for renewal of an NPDES permit to discharge treated sewage from sewage treatment plant in Douglass Township, Montgomery County. This is an existing discharge to unnamed tributary to Swamp Creek. The receiving stream is classified for the following uses: trout stocking fishery, aquatic life, water supply and recreation. The proposed effluent limits for Outfall 001, based on an average flow of 0.75 mgd are as follows: Average Daily Instantaneous Parameter Monthly (mg/l) Maximum (mg/l) Maximum (mg/l)
CBOD5 (5-1 to 10-31) 20 30 (average weekly) 40 (11-1 to 4-30) 25 40 (average weekly) 50 Suspended Solids 30 45 (average weekly) 60 Ammonia (as N) (5-1 to 10-31) 1.6 3.2 (11-1 to 4-30) 4.8 9.6 Phosphorus (as P) 2.0 4.0 Total Residual Chlorine (0—2 years) 1.0 1.5 (3—5 years) 0.034 0.11 Fecal Coliform 200 colonies/100 ml as a geometric average Dissolved Oxygen minimum of 5.0 mg/l at all times pH within limits of 6.0—9.0 standard units at all times Copper (4—5 years) 0.0014 0.028 0.035 Lead (4—5 years) 0.0047 0.0098 0.012 Chlorodibromomethane monitor/report monitor/report
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Average Daily Instantaneous Parameter Monthly (mg/l) Maximum (mg/l) Maximum (mg/l) Chloroform monitor/report monitor/report Dichlorobromomethane monitor/report monitor/report Copper (0—4 years) monitor/report monitor/report Lead (0—4 years) monitor/report monitor/report The EPA waiver is in effect.
PA 0051888. Sewage, Howard Elliot, 73 Valley Drive, Furlong, PA 18925. This application is for renewal of an NPDES permit to discharge treated sewage from the Elliot residence small flow treatment plant in Doylestown Township, Bucks County. This is an existing discharge to an unnamed tributary to the Neshaminy Creek. The receiving stream is classified for the following uses: warm water fishery, aquatic life, water supply and recreation. The proposed effluent limits for Outfall 001, based on an average flow of 500 gpd are as follows: Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)
CBOD5 (5-1 to 10-31) 10 20 (11-1 to 4-30) 20 40 Suspended Solids 10 20 Ammonia as N (5-1 to 10-31) 3 6 (11-1 to 4-30) 9 18 Total Residual Chlorine monitor/report monitor/report Fecal Coliform 200 colonies/100 ml as a geometric average Dissolved Oxygen minimum of 3.0 mg/l at all times pH within limits of 6.0—9.0 standard units at all times The EPA waiver is in effect.
PA 0042617. Industrial waste, Uniform Tubes, Inc., 200 W. 7th Avenue, P. O. Box 26992, Collegeville, PA 19426-0992. This application is for renewal of an NPDES permit to discharge cooling water, treated groundwater and stormwater runoff from Uniform Tubes, Inc. in Trappe Borough, Montgomery County. This is an existing discharge to an unnamed tributary to the Perkiomen Creek. The receiving stream is classified for the following uses: trout stocking fishery, aquatic life, water supply and recreation. The proposed effluent limits for Outfall 001, based on an emergency discharge of once-through noncontact cooling water at a flow of 0.144 mgd are as follows: Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Temperature 110°F pH within limits of 6.0—9.0 standard units at all times The proposed effluent limits for Outfall 002, from permit issuance through completion of air stripper modifications, based on an average flow of 0.108 mgd are as follows: Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Trichloroethylene 0.010 0.020 0.025 Chromium, Hexavalent 0.009 0.018 0.023 The proposed effluent limits for Outfall 002, from the completion of air stripper modifications through the startup of Phase I GWCU, based on an average flow of 0.108 mgd are as follows: Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Trichloroethylene 0.005 0.010 0.013 Chromium, Hexavalent 0.009 0.018 0.023 The proposed effluent limits for Outfall 002, from the startup of Phase I GWCU through expiration, based on an average flow of 0.108 mgd are as follows:
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Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Trichloroethylene 0.005 0.010 0.013 Chromium, Hexavalent 0.0064 0.013 0.016 The proposed effluent limits for Outfall 003, based on an average storm event are as follows: Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l)
CBOD5 monitor/report COD monitor/report Oil and Grease monitor/report pH monitor/report Total Suspended Solids monitor/report Total Kjeldahl Nitrogen monitor/report Effluent Guideline Pollutants monitor/report Dissolved Iron monitor/report Total Phosphorous monitor/report
The EPA waiver is in effect.
Northeast Region: Environmental Protection Manager, Water Management, 2 Public Square, Wilkes-Barre, PA 18711- 0790, (717) 826-2553. PA 0061905. Sewerage, SIC, Sun Company, Inc., 10 Penn Center, 1801 Market Street, Philadelphia, PA 19103. This proposed action is for renewal of an NPDES permit to discharge treated sewage into Stony Creek in Penn Forest Township, Carbon County. The receiving stream is classified for the following uses: high quality, cold water fishery, aquatic life, water supply and recreation. Effluent requirements were evaluated at point of discharge. The proposed effluent limits for Outfall 001, based on a design flow of .04 mgd are: Monthly Instantaneous Parameter Average (mg/l) Maximum (mg/l)
CBOD5 25 50 Total Suspended Solids 30 60 NH3-N (5-1 to 10-31) 4.5 9 (11-1 to 4-30) 13.5 27 pH 6.0—9.0 standard units at all times Total Residual Chlorine (1st Month—36th Month) monitor and report monitor and report (37th Month—Expiration) .3 .7 The EPA waiver is in effect.
PA 0060097. Sewerage, Pennsylvania American Water Company, Pocono Country Place Development, 800 West Hershey Park Drive, Hershey, PA 17033. This proposed action is for amendment of an NPDES permit to discharge treated sewage into East Branch of Dresser Run in Coolbaugh Township, Monroe County. The receiving stream is classified for the following uses: high quality, cold water fishery, aquatic life, water supply and recreation.
For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable water supply (PWS) considered during the evaluation is City of Hazleton on the Lehigh River. The proposed effluent limits for Outfall 001, based on a design flow of 1.25 mgd are: Monthly Instantaneous Parameter Average (mg/l) Maximum (mg/l)
CBOD5 10 20 Total Suspended Solids 20 40 NH3-N (5-1 to 10-31) 2.3 4.6 (11-1 to 4-30) 7.0 14.0 NO3-N 11.0 22.0 Phosphorous as P 1.0 2.0 Dissolved Oxygen a minimum of 7.0 mg/l at all times
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Monthly Instantaneous Parameter Average (mg/l) Maximum (mg/l) Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric mean (10-1 to 4-30) 2,000/100 ml as a geometric mean pH 6.0—9.0 standard units at all times Total Residual Chlorine nondetectable The EPA waiver is in effect.
PA 0041742. Sewerage, Nazareth Borough Municipal Authority, 872 Tatamy Road, P. O. Box A, Nazareth, PA 18064. This proposed action is for renewal of an NPDES permit to discharge treated sewage into Schoeneck Creek in Lower Nazareth Township, Northampton County. The receiving stream is classified for the following uses: warm water fishery, aquatic life, water supply and recreation. The proposed effluent limits for Outfall 001, based on a design flow of 1.30 mgd are: Monthly Daily Instantaneous Parameter Average (mg/l) Maximum (mg/l) Maximum (mg/l)
CBOD5 (5-1 to 10-31) 15.0 22.5 30.0 (11-1 to 4-30) 25.0 37.5 50.0 Total Suspended Solids 30.0 45.0 60.0 NH3-N (5-1 to 10-31) 1.5 3.0 (11-1 to 4-30) 4.5 9.0 Dissolved Oxygen a minimum of 6.0 mg/l at all times Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric mean (10-1 to 4-30) 2,000/100 ml as a geometric mean pH 6.0—9.0 standard units at all times Total Residual Chlorine (1st Month—36th Month) monitor and report (37th Month—Expiration) 0.30 1.0 The EPA waiver is not in effect.
Southcentral Regional Office: Regional Water Management Program Manager, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, (717) 705-4707. PA 0052833. Industrial waste, SIC: 3369, Excelsior Brass Works, June Avenue, Blandon, PA 19510-0140. This application is for renewal of an NPDES permit for an existing discharge of treated industrial waste to Willow Creek, in Maidencreek Township, Berks County. The receiving stream is classified for cold water fishes, recreation, water supply and aquatic life. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable water supply intake considered during the evaluation was Pottstown Borough located on the Schuylkill River. The discharge is not expected to impact any potable water supply. The proposed effluent limits for Outfall 001 for a design flow of 0.0061 mgd are: Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Flow monitor and report XXX Total Suspended Solids 30 45 60 pH 6—9 at all times The proposed effluent limits for Outfall 002 for stormwater are: Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Aluminum monitor and report Zinc monitor and report CBOD monitor and report COD monitor and report Oil and Grease monitor and report pH monitor and report Total Suspended Solids monitor and report Lead monitor and report Chromium monitor and report
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Average Maximum Instantaneous Parameter Monthly (mg/l) Daily (mg/l) Maximum (mg/l) Copper monitor and report Cadmium monitor and report Arsenic monitor and report Iron monitor and report Persons may make an appointment to review the DEP files on this case by calling Mary DiSanto, File Review Coordinator, at (717) 705-4732. The EPA waiver is in effect.
Northcentral Region: Environmental Program Manager, Water Management, 208 West Third Street, Suite 101, Williamsport, PA 17701-6510, (717) 327-3666. PA 0033251. SIC: 4952, Riviera Sewer Company of Pennsylvania, Inc., Treasure Lake Mini Mall No. 4, DuBois, PA 15801-9010. This proposed action is for renewal of an existing NPDES permit for a discharge of treated sewage to Narrows Creek in Sandy Township, Clearfield County. The receiving stream is classified for the following uses: cold water fishery and aquatic life, water supply and recreation. For the purposes of modeling for fluoride and nitrate/nitrite, the nearest downstream potable water supply intake is on Redbank Creek at Hawthorn. This intake is 40 river miles downstream, therefore, no limits are necessary. Outfall 001: The proposed effluent limits (until new west side STP goes on line) at 0.74 mgd are: Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)
CBOD5 (5-1 to 10-31) 20 30 40 (11-1 to 4-30) 25 40 50 Suspended Solids 30 45 60 Ammonia Nitrogen (5-1 to 10-31) 1.5 2.3 3.0 (11-1 to 4-30) 4.5 6.8 9.0 Total Chlorine Residual monitor monitor Dissolved Oxygen minimum of 6.0 mg/l at all times pH 6.0—9.0 at all times Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric average (10-1 to 4-30) 2,000/100 ml as a geometric average The proposed effluent limits (after the new west side STP goes on line) at 0.74 mgd are: Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)
CBOD5 (5-1 to 10-31) 15 22.5 30 (11-1 to 4-30) 25 40 50 Suspended Solids 30 45 60 Ammonia Nitrogen (5-1 to 10-31) 1.5 2.3 3.0 (11-1 to 4-30) 4.5 6.8 9.0 Total Chlorine Residual 0.18 0.58 Dissolved Oxygen minimum of 6.0 mg/l at all times pH 6.0—9.0 at all times Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric average (10-1 to 4-30) 2,000/100 ml as a geometric average Other Conditions: 1. Total Residual Chlorine The EPA waiver is in effect.
PA 0060232. SIC: 4952, U. S. Army Corps of Engineers—Baltimore District, R. R. 1, Box 65, Tioga, PA 16946-9733. This proposed action is for reissuance of an NPDES permit for an existing discharge (Tompkins Recreation Area) of treated sewage to Cowanesque Lake in Lawrence Township, Tioga County. The receiving stream is classified for the following uses: warm water fishery and aquatic life, water supply and recreation.
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For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the assumed downstream potable water supply (PWS) considered during the evaluation is the Pennsylvania/New York state line. The proposed effluent limits for Outfall 001, based on a design flow of 0.02 mgd, are: Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)
CBOD5 25 50 Suspended Solids 30 60 Total Chlorine Residual 1.0 2.3 Ammonia Nitrogen 15 30 Total Phosphorous 2.0 4.0 Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric average (10-1 to 4-30) 2,000/100 ml as a geometric average pH 6.0—9.0 at all times Other Conditions: none. The EPA waiver is in effect.
PA 0111902. Industrial waste, SIC: 2023, Dietrich’s Milk Products LLC, P. O. Box 102, Middlebury Center, PA 16935. This proposed action is for renewal of an NPDES permit for an existing discharge of noncontact cooling water and treated industrial wastewater to Catlin Hollow Run in Middlebury Township, Tioga County. The receiving stream is classified for the following uses: trout stocking, aquatic life, water supply and recreation. For the purposes of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable water supply (PWS) considered during the evaluation is assumed to be located at PA/NY border. Outfall 001 The proposed effluent limits, based on a design flow of 0.036 mgd, are: Concentration (mg/l) Mass (lbs/day) Average Daily Instantaneous Average Daily Parameter Monthly Maximum Maximum Monthly Maximum
BOD5 20 40 50 Temperature The discharge shall not increase the temperature of receiving stream by more than 2°F in any 1-hour period. pH 6.0—9.0 at all times Outfall 002 The proposed effluent limits, based on a design flow of 0.150 mgd, are: Concentration (mg/l) Mass (lbs/day) Average Daily Instantaneous Average Daily Parameter Monthly Maximum Maximum Monthly Maximum
BOD5 (5-1 to 10-31) 50 100 125 62.6 125 (11-1 to 4-30) 110 220 275 138 275 TSS 110 220 275 138 275 Ammonia-N (5-1 to 10-31) 5.5 11 13 6.9 13.8 (11-1 to 4-30) 13 26 32 16.3 32.5 Total Phosphorus 10 20 25 12.5 Fecal Coliforms (5-1 to 9-30) 200 (10-1 to 4-30) 2,000 Total Chlorine 1.0 3.3 pH 6.0—9.0 at all times
The EPA waiver is in effect.
PA 0021814. SIC: 4952, Mansfield Municipal Authority, 19 East Wellsboro Street, Mansfield, PA 16933. This proposed action is for renewal of an NPDES permit for an existing discharge of treated sewage to Tioga River in Borough of Mansfield, Tioga County. The receiving stream is classified for the following uses: cold water fishery and aquatic life, water supply and recreation.
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For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the projected downstream potable water supply (PWS) considered during the evaluation is at Lawrenceville located on the Tioga River at the PA-NY border. The proposed effluent limits for Outfall 001, based on a design flow of 1.0 mgd, are: Discharge Average Average Instantaneous Parameter Minimum Monthly Weekly Maximum pH (std units) within the range 6.0—9.0 CBOD5 25 40 50 TSS 30 45 60 Total Cl2 Residual* 0.5 1.6 *-limit effective 3 years after permit effective date, until then monitor and report Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric average (10-1 to 4-30) 2,000/100 ml as a geometric average Other Conditions: (1) Combined Sewer Overflow Control Condition The EPA waiver is not in effect.
PA 0021652. Sewerage, SIC: 4952, Kreamer Municipal Authority, P. O. Box 220, Kreamer, PA 17833-0220. This proposed action is for renewal of an NPDES permit for an existing discharge of treated sewage wastewater to Middle Creek in Middlecreek Township, Snyder County. The receiving stream is classified for the following uses: trout stocking, aquatic life, water supply and recreation. For the purposes of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing downstream potable water supply (PWS) considered during the evaluation is Dauphin Consolidated Water Company located at Dauphin. The proposed effluent limits for Outfall 001, based on a design flow of 0.09 mgd, are: Average Average Instantaneous Parameter Monthly (mg/l) Weekly (mg/l) Maximum (mg/l)
CBOD5 25 40 50 TSS 30 45 60 Total Cl2 Residual 1.0 2.3 Fecal Coliforms (5-1 to 9-30) 200 col/100 ml as a geometric mean (10-1 to 4-30) 2,000 col/100 ml as a geometric mean pH 6.0—9.0 at all times The EPA waiver is in effect.
Southwest Regional Office: Water Management Program Manager, 400 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442-4000. PAS 806104. Industrial waste, SIC: 4213, Con-Way Central Express, 736 Cooper Avenue, Johnstown, PA 15906. This application is for issuance of an NPDES permit to discharge untreated stormwater from Johnstown Facility, West Taylor Township, Cambria County. The following effluent limitations are proposed for discharge to the receiving waters, Wildcat Run and Laurel Run, classified as a high quality-cold water fishery with existing and/or potential uses for aquatic life, water supply and recreation. The first existing/proposed downstream potable water supply (PWS) is Cokesburg Boro Water Department, located at Cokesburg Reservoir, 4.5 miles below the discharge point. Outfall 001: existing discharge, design flow of varied mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum The discharge by this outfall shall consist of uncontaminated stormwater runoff only. Outfall 002: existing discharge, design flow of varied mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum The discharge by this outfall shall consist of uncontaminated stormwater runoff only.
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Outfall 003: existing discharge, design flow of varied mgd. Mass (lb/day) Concentration (mg/l) Average Maximum Average Maximum Instantaneous Parameter Monthly Daily Monthly Daily Maximum The discharge by this outfall shall consist of uncontaminated stormwater runoff only. The EPA waiver is in effect.
PA 0110302. Sewage, Johnstown Economic Development Corporation, 111 Market Street, Johnstown, PA 15901. This application is for renewal of an NPDES permit to discharge treated sewage from Quemahoning Industrial Development Park STP in Quemahoning Township, Somerset County. The following effluent limitations are proposed for discharge to the receiving waters, known as Quemahoning Creek, which are classified as a cold water fishery with existing and/or potential uses for aquatic life, water supply and recreation. The first downstream potable water supply intake from this facility is the Saltsburg Municipal Waterworks. Outfall 001: existing discharge, design flow of 0.02 mgd. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum
CBOD5 25 50 Suspended Solids 30 60 Ammonia Nitrogen (5-1 to 10-31) 20 40 (11-1 to 4-30) 25 50 Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric mean (10-1 to 4-30) 15,000/100 ml as a geometric mean Total Residual Chlorine 1.4 3.3 pH not less than 6.0 nor greater than 9.0 The EPA waiver is in effect.
PA 0041441. Sewage, Somerset Township Municipal Authority, P. O. Box 247, Somerset, PA 15501. This application is for renewal of an NPDES permit to discharge treated sewage from the Wells Creek Sewage Treatment Plant in Somerset Township, Somerset County. The following effluent limitations are proposed for discharge to the receiving waters, known as Wells Creek, which are classified as a cold water fishery with existing and/or potential uses for aquatic life, water supply and recreation. The first downstream potable water supply intake from this facility is the Hooversville Municipal Authority. Outfall 001: existing discharge, design flow of 0.8 mgd. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum
CBOD5 25 38 50 Suspended Solids 30 45 60 Ammonia Nitrogen (5-1 to 10-31) 4.5 6.8 9.0 (11-1 to 4-30) 13.5 20.2 27.0 Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric mean (10-1 to 4-30) 2,000/100 ml as a geometric mean Total Residual Chlorine 0.3 0.9 Dissolved Oxygen not less than 5.0 mg/l pH not less than 6.0 nor greater than 9.0 The EPA waiver is in effect.
PA 0042579. Sewage, Smith Machine, Inc., P. O. Box 126, Route 519, Eighty Four, PA 15330. This application is for renewal of an NPDES permit to discharge treated sewage from Smith Machine Sewage Treatment Plant in Somerset Township, Washington County. The following effluent limitations are proposed for discharge to the receiving waters, known as storm drain to unnamed tributary of Little Chartiers Creek, which are classified as a high quality-warm water fishery with existing and/or potential uses for aquatic life, water supply and recreation. The first downstream potable water supply intake from this facility is the West View Borough Municipal Water Authority on the Ohio River.
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Outfall 001: existing discharge, design flow of 0.0015 mgd. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum
CBOD5 10 20 Suspended Solids 25 50 Ammonia Nitrogen (5-1 to 10-31) 3.0 6.0 (11-1 to 4-30) 9.0 18.0 Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric mean (10-1 to 4-30) 2,000/100 ml as a geometric mean Total Residual Chlorine (1st month—36th month) monitor and report (37th month—expiration) 1.4 3.3 Dissolved Oxygen not less than 3.0 mg/l pH not less than 6.0 nor greater than 9.0 The EPA waiver is in effect.
PA 0093874. Sewage, Blairsville—Saltsburg School District, 102 School Lane, Blairsville, PA 15717-8715. This application is for renewal of an NPDES permit to discharge treated sewage from the Saltsburg Elementary School STP in Loyalhanna Township, Westmoreland County. The following effluent limitations are proposed for discharge to the receiving waters, known as an Unnamed Tributary of the Kiskiminetas River, which are classified as a warm water fishery with existing and/or potential uses for aquatic life, water supply and recreation. The first downstream potable water supply intake from this facility is the Freeport Water Company. Outfall 001: existing discharge, design flow of .00465 mgd. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum
CBOD5 25 50 Suspended Solids 30 60 Ammonia Nitrogen (5-1 to 10-31) 9.5 19.0 (11-1 to 4-30) 28.5 57.0 Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric mean (10-1 to 4-30) 2,000/100 ml as a geometric mean Total Residual Chlorine (1st month—36th month) monitor and report (37th month—expiration) 1.4 3.3 Dissolved Oxygen not less than 3.0 mg/l pH not less than 6.0 nor greater than 9.0 The EPA waiver is in effect.
PA 0216267. Sewage, D&E Management, 116 East Pittsburgh Street, Greensburg, PA 15601. This application is for renewal of an NPDES permit to discharge treated sewage from the Pines Apartments STP in Loyalhanna Township, Westmoreland County. The following effluent limitations are proposed for discharge to the receiving waters, known as Boatyard Run, which are classified as a cold water fishery with existing and/or potential uses for aquatic life, water supply and recreation. The first downstream potable water supply intake from this facility is the Saltsburg Municipal Waterworks. Outfall 001: existing discharge, design flow of .006 mgd. Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum
CBOD5 10 20 Suspended Solids 10 20 Ammonia Nitrogen (5-1 to 10-31) 3.0 6.0 (11-1 to 4-30) 9.0 18.0
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Concentration (mg/l) Average Average Maximum Instantaneous Parameter Monthly Weekly Daily Maximum Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric mean (10-1 to 4-30) 2,000/100 ml as a geometric mean Total Residual Chlorine (1st month—36th month) monitor and report (37th month—expiration) 1.4 3.3 Dissolved Oxygen not less than 3.0 mg/l pH not less than 6.0 nor greater than 9.0 The EPA waiver is in effect.
Northwest Regional Office: Water Management Program Manager, 230 Chestnut Street, Meadville, PA 16335-3481, (814) 332-6942. PA 0037397. Sewage, Waterford Borough Municipal Authority, P. O. Box 49, 224 East Third Street, Waterford, PA 16441. This application is for renewal of an NPDES permit to discharge treated sanitary sewage to LeBoeuf Creek in Waterford Township, Erie County. This is an existing discharge. The receiving water is classified for trout stocking fishery, aquatic life, water supply and recreation. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing/proposed downstream potable water supply (PWS) considered during the evaluation is the Cambridge Springs Borough water supply, located in Cambridge Springs, Crawford County. The proposed effluent limits for Outfall 001, based on an average design flow of 0.240 mgd, are: Effluent Concentration (mg/l) Average Weekly Instantaneous Parameter Monthly Average Maximum
CBOD5 (5-1 to 10-31) 18 27 36 (11-1 to 4-30) 25 40 50 Total Suspended Solids 30 45 60 NH3-N (5-1 to 10-31) 6 12 (11-1 to 4-30) 18 36 Dissolved Oxygen minimum of 5.0 mg/l at all times Total Residual Chlorine (interim) monitor and report (final) 0.74 2.44 Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric average (10-1 to 4-30) 17,000/100 ml as a geometric average pH 6.0—9.0 standard units at all times The EPA waiver is in effect.
PA 0222747. Sewage, John P. Lantzy, 11986 East Lake Road, P. O. Box 506, North East, PA 16428-0506. This application is for a new NPDES permit to discharge treated sanitary sewage to an unnamed tributary of Lake Erie in North East Township, Erie County. This is a new discharge. The receiving water is classified for cold water and migratory fishery, aquatic life, water supply and recreation. There are no potable water supplies affected by this discharge. The proposed effluent limits for Outfall 001, based on an average design flow of 0.00200 mgd, are: Effluent Concentration (mg/l) Average Instantaneous Parameter Monthly Maximum
CBOD5 10 20 Total Suspended Solids 20 40 NH3-N 612 Phosphorus as P 1.0 Dissolved Oxygen minimum of 3.0 mg/l at all times Total Residual Chlorine 1.4 3.3 Fecal Coliform 200/100 ml as a geometric average pH 6.0—9.0 standard units at all times The EPA waiver is in effect.
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PA 0032042. Sewage, Allegheny Highlands Council, Boy Scouts of America, Elk Lick Scout Reserve, R. D. 3, Bordell Road, Smethport, PA 16749. This application is for renewal of an NPDES permit to discharge treated sewage to unnamed Tributary to South Branch of Cole Creek in Keating Township, McKean County. This is an existing discharge. The receiving water is classified for the following uses: cold water fishes, aquatic life, water supply and recreation. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing/proposed downstream potable water supply considered during the evaluation is the PA-NY state line located at Keating Township, McKean County, approximately 15 miles below point of discharge. The proposed discharge limits for Outfall No. 001, based on a design flow of .0026 mgd, are: Average Instantaneous Parameter Monthly (mg/l) Maximum (mg/l)
CBOD5 25 50 TSS 30 60 Fecal Coliform (5-1 to 9-30) 200/100 ml as a geometric average (10-1 to 4-30) 54,300/100 ml as a geometric average Total Residual Chlorine 1.0 2.3 pH 6.0—9.0 at all times The EPA waiver is in effect.
PA 0103811, Amendment No. 3. Industrial waste, SIC: 4953 and 4959, Northwest Sanitary Landfill, 1436 West Sunbury Road, West Sunbury, PA 16061. This is for an amendment of an NPDES permit, to discharge treated industrial waste and stormwater to Findlay Run in Cherry Township, Butler County. This is an existing discharge. The receiving water is classified for the following uses: cold water fishes, aquatic life, water supply and recreation. For the purpose of evaluating effluent requirements for TDS, NO2-NO3, fluoride and phenolics, the existing/proposed downstream potable water supply considered during the evaluation is Salvation Army Camp on Slippery Rock Creek located at Slippery Rock, approximately 30 miles below point of discharge. The proposed discharge limits for Outfall No. 001, based on a design flow of .0415 mgd, are: Average Maximum Instantaneous Parameter Monthly Daily (mg/l) Maximum (mg/l) Flow (mgd) CBOD5 90 180 225 TSS 100 200 250 NH3-N (5-1 to 10-31) 9.5 23.5 (10-1 to 4-30) 20 50 Fecal Coliforms (5-1 to 9-30) 200/100 ml as a geometric mean (10-1 to 4-30) 10,700/100 ml as a geometric mean Oil and Grease 15 30 Aluminum 0.3 0.6 0.75 Boron 3.0 6.0 7.5 Vanadium 0.5 1.0 1.25 Butylbenzyl phthalate 0.01 0.02 0.025 4,4’-DDT*** 0.000005 0.00001 0.0000125 Tetrahydrofuran 0.025 0.05 0.0625 Acetone 0.109 0.22 0.2725 2-Hexanone 0.015 0.03 0.0375 4-Methyl 2-Pentanone 0.015 0.03 0.0375 Bis chloromethyl ether 0.015 0.03 0.0375 pH** 6.0—9.0 at all times 1. Final water quality based effluent based limitation for 4’4-DDT and Vanadium. The EPA waiver is in effect. PA0100790. Sewage, Raymond P. DiLoreto, 6059 Grubb Road, Erie, PA 16506-4608. This application is for renewal of an NPDES permit to discharge treated sanitary sewage to an unnamed tributary of Thomas Run in Millcreek Township, Erie County. This is an existing discharge in a high-quality watershed. The receiving water is classified for cold water fishery, aquatic life, water supply and recreation. There are no potable water supplies affected by this discharge.
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The proposed effluent limits for Outfall 001, based on an average design flow of 0.0005 mgd, are: Effluent Concentration (mg/l) Average Instantaneous Parameter Monthly Maximum
CBOD5 10 20 Total Suspended Solids 20 40 Total Residual Chlorine monitor and report Fecal Coliform 200/100 ml as a geometric average pH 6.0 to 9.0 standard units at all times The EPA waiver is in effect. NPDES Minor Renewals Southcentral Regional Office: Water Management Program, 909 Elmerton Avenue, 2nd Floor, Harrisburg, PA 17110, (717) 705-4707. Facility Name County and New Permit NPDES No. and Address Municipality Tributary Stream Requirements PA0053708 James Gaffney Berks Stony Run Creek TRC Hawk Mountain Bed & Breakfast Albany Township 221 Stony Run Valley Rd. Kempton, PA 19529 PA0031551 Chambersburg Area School District Franklin UNT to TRC 511 S. Sixth St. Lurgan Township Conodoguinet Chambersburg, PA 17201-3405 Creek
DISCHARGE OF CONTROLLED INDUSTRIAL A. 1399401. Sewerage. White Haven Municipal Au- WASTE AND SEWERAGE WASTEWATER thority, 50 East Woodhaven Drive, White Haven, PA 18661. Application to install gravity sewers and force Applications under the Pennsylvania Clean mains located in Kidder Township, Carbon County and Streams Law White Haven Borough, Luzerne County. Application (Part II Permits) received in the Regional Office—January 20, 1999. The following permit applications and requests for plan Southcentral Regional Office: Water Management Pro- approval have been received by the Department of Envi- gram Manager, 909 Elmerton Avenue, 2nd Floor, Harris- ronmental Protection (Department). Persons objecting on burg, PA 17110-8200, (717) 705-4707. Persons who wish to the grounds of public or private interest to the approval review any of these applications, should contact Mary of an application or submitted plan may file a written DiSanto at (717) 705-4732. protest with the Department at the address indicated above each permit application or plan. Each written A. 2199401. Sewage, submitted by Monroe Township protest should contain the following: name, address and Municipal Authority, 1220 Boiling Springs Road, Me- telephone number; identification of the plan or applica- chanicsburg, PA 17055 in Monroe Township, Cumber- tion to which the protest is addressed and a concise land County to replace the White Rock Acres Pump statement in sufficient detail to inform the Department of Station was received in the Southcentral Region on the exact basis of the protest and the relevant facts upon January 21, 1999. which it is based. The Department may conduct a fact- finding hearing or an informal conference in response to Northwest Regional Office: Regional Water Management any given protest. Each writer will be notified in writing Program Manager, 230 Chestnut Street, Meadville, PA of the time and place if a hearing or conference concern- 16335-3481, (814) 332-6942. ing the plan, action or application to which the protest relates is held. To insure consideration by the Depart- WQM Permit No. 3399401. Sewage. Sykesville Bor- ment prior to final action on permit applications and ough Council, 21 East Main Street, Sykesville, PA proposed plans, initial protests and additions or amend- 15865. This project is for the construction and operation ments to protests already filed should be filed within 15 of a wastewater collection and treatment facility in calendar days from the date of this issue of the Pennsyl- Sykesville Borough and Winslow Township. vania Bulletin. A copy of each permit application and WQM Permit No. 2099401. Sewage, Joseph A. and proposed plan is on file in the office indicated and is open Ruth E. Ruggiero, SRSTP, 201 N. Fourth St., to public inspection. Titusville, PA 16354. This project is for the construction of Persons with a disability who wish to attend the a single residence sewage treatment plant in Rome hearing and require an auxiliary aid, service or other Township, Crawford County. accommodation to participate in the proceedings, should contact the specified program. TDD users may contact the DISCHARGE OF CONTROLLED INDUSTRIAL Department through the Pennsylvania AT&T Relay Ser- WASTE AND SEWERAGE WASTEWATER FROM OIL vice at (800) 654-5984. AND GAS ACTIVITIES Northeast Regional Office: Water Management Program Southwest Regional Office: Regional Oil and Gas Pro- Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, gram Manager, 400 Waterfront Drive, Pittsburgh, PA (717) 826-2511. 15222-4745, (412) 442-4000.
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PA 0218073. Industrial waste, SIC: 4925, Belden and The receiving stream is classified for warm water fish Blake Corporation, 22811 Titusville Road, Pleasant- and the Statewide list. For the purpose of evaluating ville, PA 16341. effluent requirements for TDS, the existing downstream This application is for issuance of an NPDES permit to water supply considered during the evaluation is located discharge water produced during coalbed methane pro- in McKeesport, PA approximately 42 miles downstream of duction to Jacobs Creek in East Huntingdon Township, the discharge point. Westmoreland County. This is a new discharge. The proposed discharge limits for Outfall No. 001 are:
Average Maximum Instantaneous Parameter Monthly Daily Maximum Flow 0.6 mgd 417 gpm Total Iron (mg/l) 3.5 7 Oil and Grease (mg/l) 15 30 TSS (mg/l) 30 60 Acidity (mg/l) monitor only Alkalinity (mg/l) greater than acidity pH 6 to 9 at all times TDS (mg/l) monitor only Chloride (mg/l) monitor only Dissolved Iron (mg/l) monitor only The EPA waiver is in effect.
INDIVIDUAL PERMITS The application and related documents, including the erosion and sedimentation control plan for the construc- (PAS) tion activity, are on file and may be inspected at the office noted above the application. NPDES Individual Persons with a disability who wish to attend the hearing and require an auxiliary aid, service or other The following parties have applied for an NPDES accommodation to participate in the proceedings should permit to discharge stormwater from a proposed construc- contact the specified program. TDD users may contact the tion activity into the surface waters of this Common- Department through the Pennsylvania AT&T Relay Ser- wealth. Unless otherwise indicated, on the basis of pre- vice at (800) 654-5984. liminary review and application of lawful standards and Southeast Regional Office: Regional Water Management regulations, the Department of Environmental Protection Program Manager, Lee Park, Suite 6010, 555 North Lane, (Department) proposes to issue a permit to discharge, Conshohocken, PA 19428-2233, (610) 832-6130. subject to certain limitations set forth in the permit and special conditions. These proposed determinations are NPDES Permit PAS10-G355. Stormwater. James tentative. Limitations are provided in the permit as Mark, P. O. Box 63, New London, PA 19360, has applied erosion and sedimentation control measures and facilities to discharge stormwater from a construction activity which restrict the rate and quantity of sediment dis- located in East Nottingham Township, Chester County, charged. to Big Elk Creek. NPDES Permit PAS10-G356. Stormwater. Robert H. Where indicated, the EPA, Region III, Regional Admin- Kirk, 596 Dampman Road, Honeybrook, PA 19344, has istrator has waived the right to review or object to this applied to discharge stormwater from a construction proposed permit action under the waiver provision of 40 activity located in Honey Brook Township, Chester CFR 123.24(d). County, to East Branch Brandywine Creek. Persons wishing to comment on the proposed permit Northeast Regional Office: Regional Water Management are invited to submit a statement to the office noted Program Manager, 2 Public Square, Wilkes-Barre, PA above the application within 30 days from the date of this 18711-0790, (570) 826-2511. public notice. Comments reviewed within this 30-day Lehigh County Conservation District, District Manager, period will be considered in the formulation of the final Lehigh Ag. Ctr., Ste. 102, 4184 Dorney Park Road, determinations regarding this application. Responses Allentown, PA 18104, (610) 391-9583. should include the name, address and telephone number of the writer and a concise statement to inform the NPDES Permit PAS10Q170. Stormwater. Winches- Department of the exact basis of a comment and the ter Road Limited Partnership, Donald Frederick, 1611 relevant facts upon which it is based. A public hearing Pond Road, Suite 201, Allentown, PA 18104, has applied may be held if the responsible office considers the public to discharge stormwater from a construction activity response significant. located in South Whitehall Township, Lehigh County,to Little Lehigh Creek. Following the 30-day comment period, the Water Man- Pike County Conservation District, District Manager, agement Program Manager will make a final determina- HC 6, Box 6770, Hawley, PA 18428, (570) 226-8220. tion regarding the proposed permit. Notice of this deter- mination will be published in the Pennsylvania Bulletin NPDES Permit PAS10V025. Stormwater. Wal- at which time this determination may be appealed to the lenpaupack Area School District, Thomas A. Peifer, Environmental Hearing Board. Superintendent, HC6, Box 6075, Hawley, PA 18428, has
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 842 NOTICES applied to discharge stormwater from a construction removal at the existing treatment plant. Consulting Engi- activity located in Palmyra Township, Pike County,to neer: Scott M. Rights, HRG, Inc., 1846 Charter Lane, Wallenpaupack Creek/Delaware River Basin. P. O. Box 10337, Lancaster, PA 17605. Carbon County Conservation District, District Manager, 0699501. Public water supply. Borough of 5664 Interchange Road, Lehighton, PA 18235-5114, (610) Shoemakersville. Responsible Official: George Bracy, 377-4894. President, P. O. Box 190, 242 Main St., Shoemakersville, NPDES Permit PAS101317. Stormwater. Matthew PA 19555. Type of Facility: Construction of water filtra- Beers, 1140 Summer Mountain Dr., Palmerton, PA tion plant to treat wells 4, 5 and 6 for turbidity, iron and 18071, has applied to discharge stormwater from a con- manganese; 350,000 gallon storage tank; 4 inch transmis- struction activity located in Lower Towamensing Town- sion main; new disinfection facilities. Consulting Engi- ship, Carbon County, to Aquashicola Creek. neer: Amy Kunkel, Project Engineer, Spotts, Stevens & McCoy, Inc., 3722 Lehigh St., Suite 401, Whitehall, PA Northampton County Conservation District, District 18052. Manager, R. R. 4, Nazareth, PA 18064-9211, (610) 746- 1971. 0699502. Public water supply. Cornell Corrections NPDES Permit PAS10U106. Stormwater. Seiple Es- Inc. Responsible Official: Tom Rathjen, Managing Direc- tates, c/o Thomas Stitt, Esq., P. O. Box 483, Easton, PA tor, 4801 Woodway, Suite 1005, Houston, TX 77056-1805. 18044-0483, has applied to discharge stormwater from a Type of Facility: New public water supply including a construction activity located in Forks Township, North- well, sodium hypochlorite disinfection, 60,000 gallon stor- ampton County, to Bushkill Creek. age tank, pump house and distribution system to serve a 180 bed Juvenile Treatment Facility. Consulting Engineer: NPDES Permit PAS10U107. Stormwater. Stuart Wm. W. Witman, P.E., 132 N. 8th St., Reading, PA 19601. Schooley Recreational Concepts Development Corp., 4733 Hanoverville Rd., Bethlehem, PA 18020, has LAND RECYCLING AND applied to discharge stormwater from a construction ENVIRONMENTAL REMEDIATION activity located in Lower Nazareth Township and Bethlehem Township, Northampton County,to Under Act 2, 1995 Monocacy Creek. Preamble 1 SAFE DRINKING WATER Acknowledgment of Notices of Intent to Remediate Applications received under the Pennsylvania Safe submitted under the Land Recycling and Envi- Drinking Water Act (35 P. S. §§ 721.1—721.17). ronmental Remediation Standards Act (35 P. S. §§ 6026.101—6026.908). Southcentral Regional Office: Sanitarian Regional Man- ager, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, Sections 302 and 303 of the Land Recycling and (717) 705-4708. Environmental Remediation Standards Act (act) require 3699501. Public water supply. Leola Sewer Author- the Department of Environmental Protection (Depart- ity. Responsible Official: Jimmy Dennis, Water Dept. ment) to publish in the Pennsylvania Bulletin an ac- Supt., Leola Sewer Authority, 115 Newport Rd., Leola, PA knowledgment noting receipt of any Notices of Intent to 17540. Type of Facility: Construction of a water treatment Remediate. An acknowledgment of the receipt of a Notice plant and 12-inch water main for an interconnection with of Intent to Remediate identifies a site where a person the City of Lancaster. The water treatment plant will proposes to, or has been required to, respond to a release consist of booster pumps, cation exchange, pH adjustment of a regulated substance at a site. Persons intending to and disinfection. Consulting Engineer: Cynthia Zawrotuk, use the background or Statewide health standard to Acer Engineers and Consultants, 270 Granite Run Dr., remediate a site must file a Notice of Intent to Remediate Lancaster, PA 17601. with the Department. A Notice of Intent to Remediate 0199501. Public water supply. Franklin Township filed with the Department must provide a brief descrip- Municipal Authority. Responsible Official: Robert tion of the location of the site, a list of known contami- Cullison, Chairperson, P. O. Box 4, Cashtown, PA 17310. nants at the site, the proposed remediation measures for Type of Facility: Construction of the Rock Top Well and the site and a description of the intended future use of Ancillary Facilities. The well is to be used at a maximum the site. A person who demonstrates attainment of one or rate of 50 gpm; treatment will be limited to hypochlorite a combination of the cleanup standards identified under disinfection. A 60,000 gallon finished water storage tank the act will be relieved of further liability for the is also proposed. Consulting Engineer: Margaret Miller, remediation of the site for any contamination identified in HRG, Inc., 32 W. Middle St., Gettysburg, PA 17325. reports submitted to and approved by the Department and shall not be subject to citizen suits or other contribu- 3698507. Public water supply. Turkey Hill Dairy, Inc. tion actions brought by responsible persons not partici- Responsible Official: William P. Gregory, Turkey Hill pating in the remediation. Dairy, Inc., 2601 River Rd., Conestoga, PA 17516-9630. Type of Facility: Begin a bottled water operation using an For further information concerning the content of a existing milk bottling facility and a permitted water Notice of Intent to Remediate, contact the Department’s supply source. Consulting Engineer: Jeffrey D. Steckbeck, Regional Office under which the notice appears. If infor- P.E., Steckbeck Engineering Assoc., 43 N. Cornwall Rd., mation concerning this acknowledgment is required in an Lebanon, PA 17042. alternative form, contact the Community Relations Coor- dinator at the appropriate Regional Office listed. TDD 3698508. Public water supply. Christiana Borough users may telephone the Department through the AT&T Water Authority. Responsible Official: LeVerne Rettew, Relay Service at (800) 654-5984. Manager, P. O. Box 135, 315 Newport Ave., Christiana, PA 17509. Type of Facility: Installation of vacuum dia- The Department has received the following Notices of tompceous earth filtration units to enhance turbidity Intent to Remediate:
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Southeast Regional Office: Environmental Cleanup Pro- Remediate is published in a newspaper of general circula- gram Manager, Lee Park, Suite 6010, 555 North Lane, tion in the area by the person conducting remediation. Conshohocken, PA 19428, (610) 832-5950. For the sites identified, a municipality may request to be Ennis Oil & Burner Site (Former), Chester Heights involved in the development of the remediation and reuse Borough, Delaware County. Charlene R. Drake, React plans for the site if the request is made within 30 days of Environmental Services, Inc., 6901 Kingsessing Ave., the date specified. During this comment period a munici- Philadelphia, PA 19142, has submitted a Notice of Intent pality may request that the person identified, as the to Remediate site soil contaminated with benzene and remediator of a site, develop and implement a public groundwater contaminated with lead, benzene, Dichloro- involvement plan. Requests to be involved, and com- ethane, 1,2, and ethylene dibromide. The applicant pro- ments, should be directed to the remediator of a site. For poses to remediate the site to meet the Statewide health further information concerning the content of a Notice of standard. Intent to Remediate, contact the Department’s Regional Office under which the notice appears. If information Penn Ventilation Co., Inc., City of Philadelphia, concerning this acknowledgment is required in an alter- Philadelphia County. Robert H. Marion, P.G., GCI native form, contact the Community Relations Coordina- Environmental Services, Inc., 1250 E. King Street, tor at the appropriate Regional Office listed. TDD users Lancaster, PA 17602, has submitted a Notice of Intent to may telephone the Department through the AT&T Relay Remediate site soil and groundwater contaminated with Service at (800) 654-5984. BTEX and petroleum hydrocarbons. The applicant pro- poses to remediate the site to meet the Statewide health The Department has received the following Notices of standard. Intent to Remediate: Dallas Miller Service Station, Douglass Township, Southeast Regional Office: Environmental Cleanup Pro- Montgomery County. Stavros G. Patselas, Lewis Envi- gram Manager, Lee Park, Suite 6010, 555 North Lane, ronmental Group, P. O. Box 639, Royersford, PA 19468, Conshohocken, PA 19428, (610) 832-5950. has submitted a Notice of Intent to Remediate site soil AVO International, Inc., Plymouth Township, Mont- and groundwater contaminated with BTEX and polycyclic gomery County. David N. Wilcots, P.G., GA Environ- aromatic hydrocarbons. The applicant proposes to remedi- mental Services, Inc., 401 Baldwin Tower, 1510 Chester ate the site to meet the Statewide health standard. Pike, Eddystone, PA 19022, has submitted a Notice of Intent to Remediate site soil contaminated with petro- LAND RECYCLING AND leum hydrocarbons; and groundwater contaminated with ENVIRONMENTAL REMEDIATION solvents. The applicant proposes to remediate the site to meet site-specific standards. A summary of the Notice of Under Act 2, 1995 Intent to Remediate was reported to have been published Preamble 2 in Montgomery County Times Herald on January 14, 1999. Acknowledgment of Notices of Intent to Remediate submitted under the Land Recycling and Envi- South 71st Street Property (Alto Sign), City of ronmental Remediation Standards Act (35 P. S. Philadelphia, Philadelphia County. Michael H. Men- §§ 6026.101—6026.908). ninger, McLaren Hart, Inc., 300 Stevens Drive, Suite 200, Lester, PA 19113, has submitted a Notice of Intent to Sections 304 and 305 of the Land Recycling and Remediate site soil and groundwater contaminated with Environmental Remediation Standards Act (act) require PCBs, lead, heavy metals, BTEX and petroleum hydrocar- the Department of Environmental Protection (Depart- bons. The applicant proposes to remediate the site to ment) to publish in the Pennsylvania Bulletin an ac- meet Statewide health and site-specific standards. A knowledgment noting receipt of any Notices of Intent to summary of the Notice of Intent to Remediate was Remediate. An acknowledgment of the receipt of a Notice reported to have been published in Philadelphia Daily of Intent to Remediate is used to identify a site where a News on December 29, 1998. person proposes to, or has been required to, respond to a SOLID AND HAZARDOUS WASTE release of a regulated substance at a site. Persons intending to use a site-specific standard or who intend to OPERATE WASTE PROCESSING OR DISPOSAL remediate a site in a Special Industrial Area must file a AREA OR SITE Notice of Intent to Remediate with the Department. A Notice of Intent to Remediate filed with the Department Applications submitted under the Solid Waste Man- provides a brief description of the location of the site, a agement Act (35 P. S. §§ 6018.101—6018.1003) and list of known contaminants at the site, the proposed regulations to operate or close solid waste pro- remediation measures for the site and a description of the cessing or disposal area or site. intended future use of the site. A person who demon- strates attainment of one or a combination of the cleanup Regional Office: Regional Solid Waste Manager, 909 standards identified under the act will be relieved of Elmerton Avenue, Harrisburg, PA 17110. further liability for the remediation of the site for any A. 301328. RecOil Bedford Transfer Facility, contamination identified in reports submitted to and RecOil, Inc. (280 East Street, York, PA 17403). Applica- approved by the Department and shall not be subject to tion for a residual waste transfer facility for used oil for a citizen suits or other contribution actions brought by site in Bedford Township, Bedford County. Application responsible persons not participating in the remediation. determined to be administratively complete in the Re- gional Office January 22, 1999. Under sections 304(n)(1)(ii) and 305(c)(2) of the act, there is a 30-day public and municipal comment period A. 100739. Western Berks Landfill, Western Berks for sites proposed for remediation using a site-specific Refuse Authority (455 Poplar Neck Road, Birdsboro, PA cleanup standard, in whole or in part, and for sites 19508). Application for expansion subject to Governor’s determined to be located in Special Industrial Areas. This Executive Order and policies. WBRA proposes an expan- period begins when a summary of the Notice of Intent to sion providing additional capacity of 2.69 years of site life
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 844 NOTICES at an average daily volume of 172 tons (no increase in requirements in 25 Pa. Code Chapters 121—143, the average or maximum daily volume is proposed). Under Federal Clean Air Act and regulations adopted under the the provisions of the Governor’s Executive Order and act. Money Back Guarantee Program, the hose municipality, applicant and DEP have negotiated an application review OPERATING PERMITS timeline. The date for a final decision on the application by DEP is on or before October 29, 1999. Notice of Intent to Issue Title V Operating Permits
Closure Plan submitted under the Solid Waste Man- Under 25 Pa. Code § 127.521, the Department of agement Act (35 P. S. §§ 6018.101—6018.1003) and Environmental Protection (Department) intends to issue a regulations to operate hazardous waste storage, Title V Operating Permit to the following facilities. These treatment and disposal facility. facilities are major facilities subject to the operating permit requirements under Title V of the Federal Clean Regional Office: Regional Solid Waste Manager, 909 Air Act and 25 Pa. Code Chapter 127, Subchapters F and Elmerton Avenue, Harrisburg, PA 17110. G (relating to operating permit requirement, and Title V PAD000796334. Berg Electronics, Berg Electronics operating permits). Group, Inc. (320 Busser Road, P. O. Box 248, Emigsville, Appointments to review copies of the Title V applica- PA 17318-0248). Implement closure plan which will termi- tion, proposed permit and other relevant information nate their long-term hazardous waste storage practice at must be made by contacting Records Management at the the facility located in Manchester Township, York regional office noted. County. Application received in the Regional Office Janu- ary 4, 1999. Interested persons may submit written comments, sug- gestions or objections concerning the proposed Title V AIR QUALITY permit to the regional office within 30 days of publication Notice of Plan Approval and Operating Permit of this notice. Written comments submitted to the Depart- Applications ment during the 30-day public comment period shall include the name, address and telephone number of the Nonmajor Sources and Modifications person submitting the comments, along with the refer- The Department of Environmental Protection (Depart- ence number of the proposed permit. The commentator ment) has developed an ‘‘integrated’’ plan approval, State should also include a concise statement of objections to operating permit and Title V operating permit program. the permit issuance and the relevant facts upon which This integrated approach is designed to make the permit- the objections are based. ting process more efficient for the Department, the regu- The Department reserves the right to hold a public lated community and the public. This approach allows the hearing on the proposed action based upon the informa- owner or operator of a facility to complete and submit all tion received during the public comment period and will the permitting documents relevant to its application one provide notice of any scheduled public hearing at least 30 time, affords an opportunity for public input and provides days in advance of the hearing. The hearing notice will be for sequential issuance of the necessary permits. published in the Pennsylvania Bulletin and a newspaper The Department has received applications for plan of general circulation where the facility is located. approvals and/or operating permits from the following facilities. Although the sources covered by these applica- Southcentral Regional Office: Air Quality Program, 909 tions may be located at a major facility, the sources being Elmerton Avenue, Harrisburg, PA 17110, Attn: Kanubhai installed or modified do not trigger major new source L. Patel, (717) 705-4702. review or prevention of significant deterioration require- 06-05025: Morgan Corp. (One Morgan Way, ments. Morgantown, PA 19543) for a heavy duty truck manufac- Copies of these applications, subsequently prepared turing facility in Caernarvon Township, Berks County. draft permits, review summaries and other support mate- rials are available for review in the Regional Offices 06-05035: ICI Paints North America d/b/a The identified in this notice. Persons interested in reviewing Glidden Co. (Third and Bern Streets, Reading, PA the application files should contact the appropriate re- 19601) for a paint manufacturing facility in Reading, gional office to schedule an appointment. Berks County. The operation primarily emits volatile organic compounds (VOC). Persons wishing to file protests or comments on the proposed plan approval and/or operating permits must Northcentral Regional Office: Air Quality Program, 208 submit the protest or comment within 30 days from the West Third Street, Suite 101, Williamsport, PA 17701, date of this notice. Interested persons may also request Attn: Mohammad Zaman, (717) 327-3637. that a hearing be held concerning the proposed plan approval and operating permit. Any comments or protests TVOP-59-00008: Tennessee Gas Pipeline Co. (P. O. filed with the Department’s Regional Offices must include Box 2511, Houston, TX 77252-2511) for their natural gas a concise statement of the objections to the issuance of transmission Station 315 Wellsboro located in Charleston the plan approval or operating permit and relevant facts Township, Tioga County. In accordance with 25 Pa. which serve as the basis for the objections. If the Code § 127.541, this Title V Operating permit revision is Department schedules a hearing, a notice will be pub- to incorporate the changes to permit conditions made by lished in the Pennsylvania Bulletin at least 30 days prior the Department to address Tennessee Gas Pipeline Com- to the date of the hearing. pany’s comments. Station 315 Wellsboro is used to trans- port natural gas to the main distribution line. The Final plan approvals and operating permits will contain facility’s main sources include natural gas fired combus- terms and conditions to ensure that the source is con- tion turbine, auxiliary engine, boiler and space heaters structed and operating in compliance with applicable which emit major quantities of nitrogen oxides (NOx) and
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carbon monoxide (CO). The facility also emits SO2, VOCs 19-317-007E: Wise Foods, Inc. (228 Raseley Street, and particulate matter. As a result of the NOx and CO Berwick, PA 18603) for installation of an air cleaning emissions, station 315 Wellsboro is a major stationary device (a high efficiency oil mist eliminator) on a potato source as defined in Title I, Part D of the Clean Air Act chip fryer in Berwick Borough, Columbia County. Amendments. The facility is therefore subject to the Title V permitting requirements adopted in 25 Pa. Code, Chap- Southwest Regional Office: Air Quality Program, 400 ter 127, Subchapter G. This facility is also subject to all Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442- the applicable requirements of Reasonably Available Con- 4174. trol Technology (RACT). PA-56-262A: Mostoller Landfill, Inc. (420 Bedford Applications received and intent to issue Operating St., Suite 300, Lexington, MA 02173) for installation of Permits under the Air Pollution Control Act (35 municipal waste landfill in Somerset Township, P. S. §§ 4001—4015). Somerset County.
Southwest Regional Office: Air Quality Program, 400 Northwest Regional Office: Air Quality Program, 230 Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442- Chestnut Street, Meadville, PA 16335-3481, (814) 332- 4174. 6940.
OP-56-00204: Columbia Gas Transmission Corp. PA-37-304A: L&N Metallurgical Products Co. (3 (1700 MacCorkle Avenue, SE, Charleston, WV 25325) for Fountain Avenue, Ellwood City, PA 16117) for installation operation of the Salisbury Compressor Station in of three skiving machines and associated fabric filter in Greenville Township, Somerset County. Ellwood City, Lawrence County. OP-32-00335: Superior Well Services, Ltd. (P. O. Box 458, Rte. 119N, Black Lick, PA 15716) for operation Pittsburgh Corning Corp. of oil and gas well service at Well Services, Ltd. in Black Lick, Indiana County. McKean County PLAN APPROVALS Notice is hereby given in accordance with 25 Pa. Code §§ 127.44(b) and 127.424(b), that the Department of Applications received and intent to issue Plan Ap- Environmental Protection (Department) intends to issue a provals under the Air Pollution Control Act (35 plan approval to Pittsburgh Corning Corp. (P. O. Box 39, P. S. §§ 4001—4015). Port Allegany, PA 16743), for their plant in Port Allegany, McKean County. The facility has a Title V Permit No. TV Southcentral Regional Office: Air Quality Program, 909 42-009. This plan approval will, in accordance with 25 Pa. Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4702. Code § 127.450, be incorporated into the Title V operat- ing permit through an administrative amendment at a 05-05003: JLG Industries, Inc. (1 JLG Drive, McCon- later date. nellsburg, PA 17233-9533) for modification of three paint booths located at their Bedford, Weber Lane, facility Plan Approval No. PA 42-009A is for the installation of located in Bedford Township, Bedford County. a wet collector. The installation of the control device will 07-310-025A: Grannas Bros. Stone & Asphalt Co., result in a 95% reduction in particulate matter emissions Inc. (P. O. Box 488, Hollidaysburg, PA 16648) for modifi- from the mold release application process. Plan Approval cation of the existing limestone crushing and screening conditions will include daily visual monitoring and collec- plant controlled by a wet suppression in Catherine Town- tor maintenance in accordance with manufacturing speci- ship, Blair County. This proposal is subject to 40 CFR fications. The Plan Approval and Operating Permit will 60, Subpart OOO, Standards of Performance for New contain additional recordkeeping and operating restric- Stationary Sources. tions designed to keep the facility operating within all applicable air quality requirements. 21-310-010D: Hempt Bros., Inc. (205 Creek Road, P. O. Box 278, Camp Hill, PA 17001) for modification of Copies of the application, the Department’s analysis two asphalt plants in Lower Allen Township, Cumber- and other documents used in the evaluation of the land County. The modification involves removing exist- application are available for public review during normal ing fabric collector and venturi scrubber, replacing with fabric collectors. business hours at 230 Chestnut Street, Meadville, PA 16335. 22-303-012A: Pennsy Supply, Inc. (P. O. Box 3331, Harrisburg, PA) to modify an existing batch asphalt plant Persons wishing to provide the Department with addi- in the City of Harrisburg, Dauphin County. This pro- tional information which they believe should be consid- posal involves replacing an existing fabric collector and ered prior to the issuance of this permit may submit the cyclone collector with a fabric collector and knockout box. information to the address shown in the preceding para- graph. Each written comment must contain the following: Northcentral Regional Office: Air Quality Program, 208 name, address and telephone number of the person West Third Street, Suite 101, Williamsport, PA 17701, submitting the comments; identification of the proposed (717) 327-3637. permit (Permit No. PA 42-009A); and a concise statement 17-305-032B: Al Hamilton Contracting Co. (R. D. 1, regarding the relevancy of the information or objections to Box 87, Woodland, PA 16881) for construction of coal the issuance of the permit. crusher at the Little Beth Tipple in Bradford Township, Clearfield County. This coal crusher is subject to A public hearing may be held, if the Department, in its Subpart Y of the Federal Standards of Performance for discretion, decides that such a hearing is warranted New Stationary Sources. based on the comments received. All persons submitting
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 846 NOTICES comments or requesting a hearing will be notified of the Notice of Proposed Revision to the State Implemen- decision to hold a hearing by publication in the newspa- tation Plan for Oxides of Nitrogen (NOx) and per or the Pennsylvania Bulletin or by telephone, Volatile Organic Compounds (VOC); Notice of wherethe Department determines the notification is suffi- Public Hearing cient. Written comments or requests for a public hearing should be directed to Robert E. Huston, Air Pollution Approval of Reasonably Available Control Technol- Control Engineer, 230 Chestnut Street, Meadville, PA ogy (RACT) Plans for: 16335, (814) 332-6940. Lukens Steel Company (City of Coatesville, REASONABLY AVAILABLE CONTROL Chester County) TECHNOLOGY TEVA Pharmaceuticals USA (West Rockhill Town- (RACT) ship, Bucks County) Applications received and intent to issue Operating Knoll, Inc. (Upper Hanover Township, Montgom- Permits under the Air Pollution Control Act (35 ery County) P. S. §§ 4001—4015) and regulations for an Operat- The Department of Environmental Protection (Depart- ing Permit to comply with 25 Pa. Code § 129.91 ment) has made a preliminary determination to approve for Reasonable Available Control Technology. RACT plans as amendments to the State Implementation Plan (SIP) for the above facilities. The proposed SIP Northeast Regional Office: Air Quality Program, Two revisions do not adopt new regulations. They incorporate Public Square, Wilkes-Barre, PA 17811-0790, (717) 826- the provisions and requirements contained in RACT 2531. approvals for these facilities to comply with current 48-0027: City of Bethlehem, City of Bethlehem regulations. Landfill (Department of Public Works, 10 East Church Street, Bethlehem, PA 18018) in Lower Saucon Township, These preliminary determinations, if finally approved, Northampton County. This RACT Operating Permit will be incorporated into Plan Approvals and/or Operating will establish specific inspection, maintenance and Permits for the facilities and will be submitted to the recordkeeping requirements. This RACT Operating Per- United States Environmental Protection Agency (EPA) as mit will be submitted to the United States Environmental revisions to Pennsylvania’s SIP. Protection Agency as a revision to Pennsylvania’s State The following is a summary of the preliminary RACT Implementation Plan (SIP). determinations for these facilities:
Lukens Steel Company (Operating Permit OP-15-0010) Emission Limit Implementation Source (tons/year) Control Technique Schedule 3 Furnaces, 8 Soaking Pits 204 NOx Manufacturer Specifications Implemented 11 Boilers, 17 Heaters/ Preheaters and 1 EMS Dryer Electric Arc Furnace C 53 NOx Good Operating Procedure Implemented 104 VOC Electric Arc Furnace D 130 NOx Good Operating Procedure Implemented 253 VOC 4 Brandy BH-B&W Boilers 67 NOx Annual Tune-Up or Adjust- Implemented ment 10 Batch Heater Treating 213 NOx Annual Tune-Up or Adjust- Implemented Furnaces ment Drever and 2 NAB Furnaces 148 NOx Good Operating Procedure Implemented 15 Soaking Pits 348 NOx Annual Tune-Up or Adjust- Implemented ment EMS Boiler 20 NOx Annual Tune-Up or Adjust- Implemented ment Zip Line Process 44 NOx Manufacturer Specifications Implemented 13 Emergency Generators 500 Hours Manufacturer Specifications Implemented and Pumps 4 EMS Preheaters 25 NOx Manufacturer Specifications Implemented Caster 9 VOC Good Operating Procedure Implemented TEVA Pharmaceuticals USA (Operating Permit OP-09-0010) VOC Emission Limit Implementation Source (tons/year) Control Technique Schedule Pony Mixer 24 Direct Compression Process Implemented The facility is a minor NOx source.
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Knoll, Inc. (Operating Permit OP-46-0014) Implementation Source RACT Determination Schedule Wood Finishing Operation Compliance with 25 Pa. Code Implemented §§ 129.51 and 129.52; and EPA control technique guideline limits on wood furniture through 24-hour emission averaging Adhesive Operation 30 tons/year of VOC limit; Good Air Implemented Pollution Practices Cleanup Operations Use solvents containing less than 8% Implemented by weight of VOC Plantwide Leak detection and training plan Implemented One public hearing will be held for the purpose of receiving comments on the proposed SIP revisions. The hearing will be held at 2 p.m. on March 11, 1999, at the Department’s Southeast Regional Office, Lee Park, 555 North Lane, Suite 6010, Conshohocken, PA. The hearing will represent the opportunity for oral comment to the Department on the proposed SIP revisions and will not be a question and answer session. Persons wishing to present testimony at the hearing are encouraged to contact Clarke Rupert, DEP Community Relations Coordinator, at (610) 832-6020 to register prior to the hearing, but may also register at the hearing. Those unable to attend the hearing but who wish to comment should send their written comments to Francine Carlini, Air Quality Program Manager, Department of Environmental Protection, Southeast Regional Office, Lee Park, 555 North Lane, Suite 6010, Conshohocken, PA 19428 on or before March 11, 1999. Individuals in need of accommodations as provided for in the Americans With Disabilities Act who would like to attend the hearing should contact Clarke Rupert at (610) 832-6020 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department can meet their needs. Copies of the pertinent documents are available for review at the Southeast Regional Office. Appointments for scheduling a review may be made by calling (610) 832-6268. Approval of Reasonable Available Control Technology (RACT) Plans for City of Bethlehem Landfill, Lower Saucon Township, Northampton County The Department of Environmental Protection (Department) has made a preliminary determination to approve the RACT plans and proposes to revise the State Implementation Plan (SIP) for City of Bethlehem Landfill, 10 East Church Street, Bethlehem, PA 18018. The proposed SIP revisions do not adopt new regulations. They incorporate the provisions and requirements contained in the RACT approvals for this facility to comply with current regulations. The preliminary RACT determinations, if finally approved, will be incorporated into Plan Approval/Operating Permit for the facility and will be submitted to the United States Environmental Protection Agency (EPA) as a revision to Pennsylvania’s State Implementation Plan. The main source at the facility is the landfill. The following is the summary of the preliminary RACT determination for this facility: Source NOx RACT Limit Control Device Implementation Schedule Landfill Subpart WWW Flare 5/31/99
This facility is not subject to NOx RACT requirements. contact Richard Shudak of DEP at (717) 826-2060 or the A public hearing will be held for the purpose of Pennsylvania AT&T Relay Service at (800) 654-5984 receiving comments on the proposed Plan Approval/ (TDD) to discuss how the Department may accommodate Operating Permit and the proposed SIP revisions. The their needs. hearings will be held on March 19, 1999, at 10 a.m. at the Those unable to attend the hearing, but wish to Department of Environmental Protection, Bethlehem Dis- comment, should provide written comments to Thomas A. trict Office, 4530 Bath Pike, Bethlehem, PA 18017. The DiLazaro, Air Quality Program Manager, Pennsylvania public is invited to comment on the proposal. Persons DEP, 2 Public Square, Wilkes-Barre, PA 18711. Comments interested in commenting are invited to appear at the should be submitted within 30 days of this publication in public hearing. the Pennsylvania Bulletin. Persons wishing to present testimony at the hearing All the pertinent documents are available for review should contact Mark Carmon, Community Relations Coor- from 8 a.m. to 4 p.m. in the Department of Environmen- dinator, at (717) 826-2511 at least 1 week in advance of tal Protection, Northeast Regional Office, 2 Public the hearing to reserve a time to present testimony. Oral Square, Wilkes-Barre, PA 18711. Appointments for sched- testimony will be limited to a maximum of 10 minutes uling a review may be made by calling (717) 826-2511. and two written copies of the oral testimony. Each organization is requested to designate one witness to Approval of Reasonably Available Control Technol- present testimony on its behalf. ogy (RACT) plan for Wood-Mode, Inc. in Mid- dlecreek Township, Snyder County Persons with disabilities who wish to attend the hear- ing and who require an auxiliary aid, service or other The Department of Environmental Protection (Depart- accommodation to participate in the proceedings, should ment) has made a preliminary determination to approve a
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Reasonably Available Control Technology (RACT) plan The preliminary RACT determination, if finally ap- and an amendment to the State Implementation Plan proved, will be incorporated into an operating permit for (SIP) for a wood cabinet manufacturing facility owned the facility and will be submitted to the United States and operated by Wood-Mode, Inc. in Middlecreek Town- Environmental Protection Agency (EPA) as a revision to ship, Snyder County. Pennsylvania’s State Implementation Plan. The proposed SIP revision does not adopt new regula- tions. It incorporates the provisions and requirements The following is a summary of the preliminary RACT contained in the RACT approval for the facility to comply determination for this operation: with current regulations.
Source RACT limitation/requirement • ‘‘Main line’’ automated cabinet finishing line • The volatile organic compound (VOC) emissions shall be captured at an efficiency of at least 75% and ducted to a thermal regenerative oxidizer having a combustion cham- ber temperature of at least 1400°F, a residence time of at least .5 second and a destruction efficiency of at least 95%. • The VOC emissions shall not exceed 61.9 tons in any 12 consecutive month period following control. • All finishing materials shall be applied with automatic reciprocators incorporating airless or air-assisted spray guns and a finishing material transfer efficiency of at least 70% shall be achieved at all times. • ‘‘Main line’’ stain application stations • The VOC content of any stain or other finishing material applied in this area shall not exceed 6.4 pounds per gallon (minus water) unless 25 Pa. Code § 129.52 sets a more stringent limit. • The VOC emissions shall not exceed 42.5 tons in any 12 consecutive month period. • All stains and other finishing materials applied in this area shall be applied by hand wiping or by brush. • ‘‘Alpine line’’ automated cabinet finishing line • The VOC emissions shall be captured at an efficiency of at least 60% and ducted to a thermal regenerative oxidizer having a combustion chamber temperature of at least 1400°F, a residence time of at least .5 second and a de- struction efficiency of at least 95%. • The VOC emissions shall not exceed 66 tons in any 12 consecutive month period following control. • All finishing materials shall be applied with automatic reciprocators incorporating HVLP, airless or air-assisted airless spray guns. • Building A-2 automated cabinet finishing line • The VOC emissions shall be captured at an efficiency of at least 80% and ducted to a thermal regenerative oxidizer having a combustion chamber temperature of at least 1400°F, a residence time of at least .5 second and a de- struction efficiency of at least 95%. • The VOC emissions shall not exceed 68 tons in any 12 consecutive month period following control. • All finishing materials shall be applied with automatic reciprocators incorporating HVLP, airless or air-assisted spray guns. • Hand spray booths (Alpine and Building A-2) • The VOC content of all sealers shall not exceed 1.9 pounds per pound of coating solids. • The VOC content of all topcoats shall not exceed 1.8 pounds per pound of coating solids. • The VOC content of all toners shall not exceed 6.8 pounds per gallon of coating (minus water). • The only finishing materials to be applied shall be seal- ers, topcoats and toners.
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Source RACT limitation/requirement • The VOC emissions from Alpine spray booths BFS-1-9 and BFS-1-10 shall not exceed 13 tons in any 12 consecu- tive month period. • The VOC emissions from Alpine spray booths BFS-1-7, BFS-1-8, BFS-1-11 and BFS-1-12 shall not exceed 112.8 tons in any 12 consecutive month period. • The VOC emissions from Building A-2 spray booth AFS- 2-3 shall not exceed 36.7 tons in any 12 consecutive month period. • All finishing materials shall be applied with HVLP, air- less or air-assisted airless spray guns. • Hand wipe/repair stations (Alpine and Building A-2) • The VOC content of any finishing material applied in this area shall not exceed 6.4 pounds per gallon (minus wa- ter) unless 25 Pa. Code § 129.52 sets a more stringent limit. • All finishing materials shall be manually applied by brush or rag. • The VOC emissions from the Alpine hand wipe/repair stations shall not exceed 46.6 tons in any 12 consecutive month period. • The VOC emissions from the Building A-2 hand wipe/ repair stations shall not exceed 47.4 tons in any 12 con- secutive month period. • Cleanup and washoff stations • Various material handling and work practices intended to minimize VOC emissions are to be followed. • The VOC emissions resulting from the cleaning of equip- ment associated with the ‘‘Main line’’ finishing line shall not exceed 3.8 tons in any 12 consecutive month period. • The total facility cleanup and washoff station VOC emis- sions shall not exceed 77.24 tons in any 12 consecutive month period. • Lumber drying operation • The VOC emissions shall not exceed 19.74 tons in any 12 consecutive month period. • Veneering operation • Adhesives shall only be applied by roll coater. • The VOC content of any urea formaldehyde adhesives shall not exceed .08 pound per gallon of adhesive. • The VOC content of any epoxy adhesives shall not exceed 1.03 pounds per gallon of adhesive. • The VOC content of any polyvinyl acetate adhesives shall not exceed .014 pound per gallon of adhesive. • The VOC emissions shall not exceed 21.3 tons in any 12 consecutive month period.
One public hearing will be held for the purpose of Persons with a disability who wish to comment and receiving comments on the proposed operating permit and require an auxiliary aid, service or other accommodations the proposed SIP revision. The hearing will be held on to do so should contact Daniel Spadoni at (570) 327-3659 March 15, 1999, at 1 p.m. at the Northcentral Regional or the Pennsylvania AT&T relay service at (800) 654-5984 Office, 208 West Third Street, Suite 101, Williamsport, (TDD) to discuss how the Department may accommodate PA. The public is invited to comment on the proposal. their needs. Persons interested in commenting are invited to appear Those unable to attend the hearing, but wishing to at the public hearing. comment, should provide written comments to David W. Aldenderfer, Air Quality Environmental Program Man- Persons wishing to present testimony at the hearing ager, Pennsylvania DEP, 208 West Third Street, Suite should contact Daniel Spadoni at (570) 327-3659 at least 101, Williamsport, PA 17701-6448. Comments must be 1 week in advance of the hearing to reserve a time to received by March 30, 1999. present testimony. Oral testimony will be limited to a All pertinent documents are available for review from 8 maximum of 10 minutes per individual and two written a.m. to 4 p.m. in the Northcentral Regional Office, 208 copies of the oral testimony are requested. Each organiza- West Third Street, Suite 101, Williamsport, PA 17701. tion is requested to designate one witness to present Appointments for scheduling a review must be made by testimony on its behalf. calling (570) 327-3693.
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Approval of Reasonably Available Control Technol- The proposed SIP revision does not adopt new regula- ogy (RACT) plan for Bellefonte Lime Company, tions. It incorporates the provisions and requirements Inc. in Spring Township, Centre County contained in the RACT approval for the facility to comply with current regulations. The Department of Environmental Protection (Depart- The preliminary RACT determination, if finally ap- ment) has made a preliminary determination to approve a proved, will be incorporated into an operating permit for Reasonably Available Control Technology (RACT) plan the facility and will be submitted to the United States and an amendment to the State Implementation Plan Environmental Protection Agency (EPA) as a revision to (SIP) for a lime production facility (Pleasant Gap Plant) Pennsylvania’s State Implementation Plan. owned and operated by Bellefonte Lime Company, Inc. in The following is a summary of the preliminary RACT Spring Township, Centre County. determination for this operation:
Source Nitrogen oxides emission limit • 3 rotary lime kilns (Nos. 1, 2 and 3) • 8.8 pounds per ton of lime produced • 2 small waste oil furnaces (.3 million and .4 million BTU/ • maintain and operate in accordance with manufacturers’ hour respectively) specifications and good air pollution control practices
One public hearing will be held for the purpose of cable permitting requirements of the following statutes: receiving comments on the proposed operating permit and the Air Pollution Control Act (35 P. S. §§ 4001—4015); the proposed SIP revision. The hearing will be held on the Dam Safety and Encroachments Act (32 P. S. March 15, 1999, at 1 p.m. at the Northcentral Regional §§ 693.1—693.27); and the Solid Waste Management Act Office, 208 West Third Street, Suite 101, Williamsport, (35 P. S. §§ 6018.101—6018.1003). PA. The public is invited to comment on the proposal. Persons interested in commenting are invited to appear The following permit applications to conduct mining at the public hearing. activities have been received by the Department of Envi- ronmental Protection (Department). A copy of the applica- Persons wishing to present testimony at the hearing tion is available for inspection at the District mining should contact Daniel Spadoni at (570) 327-3659 at least office indicated above each application. Where a 401 1 week in advance of the hearing to reserve a time to water quality certification is needed for any aspect of a present testimony. Oral testimony will be limited to a particular proposed mining activity, the submittal of the maximum of 10 minutes per individual and two written permit application will serve as the request for the copies of the oral testimony are requested. Each organiza- certification. tion is requested to designate one witness to present testimony on its behalf. Written comments or objections, or requests for infor- mal conferences on applications, may be submitted by any Persons with a disability who wish to comment and person or any officer or head of any Federal, State or require an auxiliary aid, service or other accommodations local government agency or authority to the Department to do so should contact Daniel Spadoni at (570) 327-3659 at the same address within 30 days of this publication, or or the Pennsylvania AT&T relay service at (800) 654-5984 within 30 days after the last publication of the applicant’s (TDD) to discuss how the Department may accommodate newspaper advertisement, as provided by 25 Pa. Code their needs. §§ 77.121—77.123 and 86.31—86.34 (relating to public notices of filing of permit applications, opportunity for Those unable to attend the hearing, but wishing to comment, and informal conferences). comment, should provide written comments to David W. Aldenderfer, Air Quality Environmental Program Man- Where any of the mining activities listed will have ager, Pennsylvania DEP, 208 West Third Street, Suite discharges of wastewater to streams, the Department will 101, Williamsport, PA 17701-6448. Comments must be incorporate NPDES permits into the mining activity received by March 30, 1999. permits issued in response to these applications. The NPDES permits will contain, at a minimum, technology- All pertinent documents are available for review from 8 based effluent limitations (as described in the Depart- a.m. to 4 p.m. in the Northcentral Regional Office, 208 ment’s regulations—25 Pa. Code §§ 77.522, 87.102, 88.92, West Third Street, Suite 101, Williamsport, PA 17701. 88.187, 88.242, 89.52 and 90.102) for iron, manganese, Appointments for scheduling a review must be made by suspended solids, settleable solids, alkalinity and pH. In calling (570) 327-3693. addition to the above, more restrictive effluent limita- MINING tions, restrictions on discharge volume or restrictions on the extent of mining which may occur will be incorpo- APPLICATIONS TO CONDUCT COAL AND rated into a mining activity permit when necessary for NONCOAL ACTIVITIES compliance with water quality standards (in accordance with 25 Pa. Code Chapters 93 and 95). Persons or Applications under the Surface Mining Conservation agencies which have requested review of the NPDES and Reclamation Act (52 P. S. §§ 1396.1—1396.19a); the permit requirements for a particular mining activity Noncoal Surface Mining Conservation and Reclamation within the above-mentioned public comment period will Act (52 P. S. §§ 3301—3326); The Clean Streams Law (35 be provided with a 30-day period to review and submit P. S. §§ 691.1—691.1001); the Coal Refuse Disposal Con- comments on those requirements. trol Act (52 P. S. §§ 30.51—30.66); The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. Written comments or objections should contain the §§ 1406.1—1406.21). Mining activity permits issued in name, address and telephone number of persons submit- response to the applications will also address the appli- ting comments or objections; application number; and a
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 NOTICES 851 statement of sufficient detail to inform the Department 30841312. Consolidation Coal Co. (P. O. Box 100, on the basis of comment or objection and relevant facts Osage, WV 26543), to revise the permit for the Blacksville upon which it is based. Requests for an informal confer- No. 2 Mine in Wayne Township, Greene County to drill ence must contain the name, address and telephone 39 degasification boreholes, add 19.5 surface acres, number of requestor; application number; a brief sum- stream crossing and road variance, no additional dis- mary of the issues to be raised by the requestor at the charges. Application received January 4, 1999. conference; and a statement whether the requestor de- Pottsville District Office, 5 West Laurel Boulevard, sires to have the conference conducted in the locality of Pottsville, PA 17901-2454. the proposed mining activities. Noncoal Applications Received Greensburg District Office, R. D. 2, Box 603-C, Greensburg, PA 15601. 01930302C2. ISP Minerals, Inc. (1455 Old Waynes- boro Road, Blue Ridge Summit, PA 17214), renewal of Coal Applications Received NPDES Permit No. PA0223239 in Hamiltonban Town- 03940103R. Seven Sisters Mining Co., Inc. (200 US ship, Adams County, receiving stream—unnamed tribu- Rt. 22, Delmont, PA 15626). Renewal application received tary to Tom’s Creek. Application received January 15, for continued reclamation of a bituminous surface mine 1999. located in South Bend Township, Armstrong County. 6476SM26T. Coldsmith Construction Company, Receiving streams: an unnamed tributary to Fagley Run Inc. (1555 Coldsmith Road, Shippensburg, PA 17257), and Fagley Run. Renewal application received: January transfer of an existing quarry operation from Upland 26, 1999. Acres Corp. in Hamilton Township, Franklin County affecting 4.0 acres, receiving stream—none. Application 63860104. PennBalt Inc. (P. O. Box 287, Joffre, PA received January 15, 1999. 15053-0287). Revision application received to change postmining land use from prime forestland to land occa- 7475SM2T. Dally Slate Company (500 Railroad Av- sionally cut for hay on an existing bituminous surface enue, P. O. Box 27, Pen Argyl, PA 18072), transfer of an mine located in Smith Township, Washington County, existing quarry operation in Pen Argyl Borough, North- proposed to affect 57 acres. Receiving streams: unnamed ampton County affecting 12.0 acres, receiving stream— tributary to Racoon Creek to the Ohio River. Revision none. Application received January 15, 1999. application received: January 27, 1999. 7475SM6T. Dally Slate Company (500 Railroad Av- Knox District Office, P. O. Box 669, Knox, PA 16232. enue, P. O. Box 27, Pen Argyl, PA 18072), transfer of an existing quarry operation from Anthony Dally & Sons, 16940101. Reichard Contracting, Inc. (R.D.3,Box Inc. in Pen Argyl Borough, Northampton County affect- 20, New Bethlehem, PA 16242). Renewal of an existing ing 16.0 acres, receiving stream—none. Application re- bituminous surface strip and beneficial use of fly ash ceived January 15, 1999. operation in Porter Township, Clarion County affecting 65.5 acres. Receiving streams: One unnamed tributary to 7475SM7T. Dally Slate Company (500 Railroad Av- Leatherwood Creek to Redbank Creek to the Allegheny enue, P. O. Box 27, Pen Argyl, PA 18072), transfer of an River; two unnamed tributaries to Long Run and Long existing quarry operation from Anthony Dally & Sons, Run to Redbank Creek to the Allegheny River. Application Inc. in Pen Argyl Borough, Northampton County affect- for reclamation only. Application received January 27, ing 45.24 acres, receiving stream—Waltz Creek. Applica- 1999. tion received January 15, 1999. 48820501T2. Dally Slate Company (500 Railroad Av- McMurray District Office, 3913 Washington Road, enue, P. O. Box 27, Pen Argyl, PA 18072), transfer of an McMurray, PA 15317. existing quarry operation from Anthony Dally & Sons, 30841316. Consol PA Coal Co. (P. O. Box 174, Inc. in Pen Argyl Borough, Northampton County affect- Graysville, PA 15377), to revise the permit for the Bailey ing 77.2 acres, receiving stream—Bushkill Creek. Applica- Mine in Richhill Township, Greene County to add 3.2 tion received January 15, 1999. surface acres and train load out/fill/weigh station, no 48900301T. Dally Slate Company (500 Railroad Av- additional discharges. Application received December 17, enue, P. O. Box 27, Pen Argyl, PA 18072), transfer of an 1998. existing quarry operation from Anthony Dally & Sons, 30831303. Cyprus Cumberland Resources Corp. Inc. in Pen Argyl Borough, Northampton County affect- (145 Elm Dr., Waynesburg, PA 15370), to revise the ing 8.6 acres, receiving stream—none. Application re- permit for the Cumberland Mine in Whiteley Township, ceived January 15, 1999. Greene County to add surface and underground permit Ebensburg District Office, 437 South Center Street, P. O. and subsidence control plan acres, unnamed tributary to Box 625, Ebensburg, PA 15931-0625. Dyers Fork and unnamed tributary to Whiteley Creek. Industrial Minerals NPDES Permit Renewal Applications Application received December 21, 1998. Received 32951301. Penn American Coal, L. P. (R. D. 1, Box 11940301. Pheasant & Shearer (1922 Ohio Street, 119A, Avonmore, PA 15618), to revise the permit for the Johnstown, PA 15904-1017), renewal of NPDES Permit Burrell Mine in Burrell Township, Indiana County, No. PA0212873, East Taylor Township, Cambria revision to add 9.2 surface acres for new haul road, no County, receiving stream Hinckston Run. NPDES re- additional discharges. Application received December 23, newal application received January 26, 1999. 1998. Bureau of Deep Mine Safety 32981302. Penn American Coal, L. P. (R. D. 1, Box Request for Variance 119A, Avonmore, PA 15618), to operate the Lower Burrell Mine in Burrell Township, Indiana County, new under- RoxCoal, Inc. ground coal mine, Weirs Run to Blacklick Creek. Applica- The Bureau of Deep Mine Safety has approved tion received December 30, 1998. RoxCoal, Inc.’s request for a variance from the require-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 852 NOTICES ments of section 242(c) of the Pennsylvania Bituminous 4. There are significant health and safety benefits Coal Mine Act at the Longview Mine. The following associated with allowing entries in common with the belt notification contains a summary of this request. A com- entry. Repair and maintenance work in the belt entry is plete copy of the variance request may be obtained from afforded safer access. Improved visual safety inspections Allison Trader by calling (724) 439-7469 or from the are facilitated by open crosscuts. BDMS web site at http://www.dep.state.pa.us/dep/ deputate/minres/dms/dms.htm. This approval is limited to a variance from the require- ments in section 242(c) requiring that the belt entry is Summary of the request: RoxCoal, Inc. requested a isolated from other entries. All other terms and require- variance from section 242(c) of the Pennsylvania Bitumi- ments of section 242(c) shall remain in effect. This nous Coal Mine Act to allow for the common ventilation of approval applies to all areas developed after May 20, the belt conveyor entry with other entries at the 1998. Continued authorization for operation under the Longview Mine. The proposal accords protections to per- approval is contingent upon compliance with the mea- sons and property substantially equal to or greater than sures described in Barbara B’s plan. the requirements of section 242(c). Genesis, Inc. The basis for the Bureau’s approval can be summarized in the following statements: The Bureau of Deep Mine Safety has approved Genesis, Inc.’s request for a variance from the requirements of 1. Longview’s plan provides early warning fire detec- section 242(c) of the Pennsylvania Bituminous Coal Mine tion by the use of carbon monoxide (CO) detectors, and Act at the Solar No. 7 Mine. The following notification audible alarm over the mine communication system. contains a summary of this request. A complete copy of 2. Longview’s plan provides a separate, isolated intake the variance request may be obtained from Allison Trader escapeway that will be maintained at a higher ventilation by calling (724) 439-7469 or from the BDMS web site pressure than the belt and common entries. at http://www.dep.state.pa.us/dep/deputate/minres/dms/ dms.htm. 3. Longview’s plan provides for the belt and common entries to serve as an alternate intake escapeway. Summary of the request: Genesis, Inc. requested a variance from section 242(c) of the Pennsylvania Bitumi- 4. There are significant health and safety benefits nous Coal Mine Act to allow for the common ventilation of associated with allowing entries in common with the belt the belt conveyor entry with other entries at the Solar entry. Repair and maintenance work in the belt entry is No. 7 Mine. The proposal accords protections to persons afforded safer access. Improved visual safety inspections and property substantially equal to or greater than the are facilitated by open crosscuts. requirements of section 242(c). This approval is limited to a variance from the require- The basis for the Bureau’s approval can be summarized ments in section 242(c) requiring that the belt entry is in the following statements: isolated from other entries. All other terms and require- ments of section 242(c) shall remain in effect. This 1. Solar No. 7’s plan provides early warning fire detec- approval applies to all areas developed after May 20, tion by the use of CO detectors, and audible alarm over 1998. Continued authorization for operation under the the mine communication system. approval is contingent upon compliance with the mea- sures described in Longview’s plan. 2. Solar No. 7’s plan provides a separate, isolated intake escapeway that will be maintained at a higher RoxCoal, Inc. ventilation pressure than the belt and common entries. The Bureau of Deep Mine Safety has approved 3. Solar No. 7’s plan provides for the belt and common RoxCoal, Inc.’s request for a variance from the require- entries to serve as an alternate intake escapeway. ments of section 242(c) of the Pennsylvania Bituminous Coal Mine Act for the Barbara B Mine. The following 4. There are significant health and safety benefits notification contains a summary of this request. A com- associated with allowing entries in common with the belt plete copy of the variance request may be obtained from entry. Repair and maintenance work in the belt entry is Allison Trader by calling (724) 439-7469 or from the afforded safer access. Improved visual safety inspections BDMS web site at http://www.dep.state.pa.us/dep/ are facilitated by open crosscuts. deputate/minres/dms/dms.htm. This approval is limited to a variance from the require- Summary of the request: RoxCoal requested a variance ments in section 242(c) requiring that the belt entry is from section 242(c) of the Pennsylvania Bituminous Coal isolated from other entries. All other terms and require- Mine Act to allow for the common ventilation of the belt ments of section 242(c) shall remain in effect. This conveyor entry with other entries at the Barbara B Mine. approval applies to all areas developed after May 20, The proposal accords protections to persons and property 1998. Continued authorization for operation under the substantially equal to or greater than the requirements of approval is contingent upon compliance with the mea- section 242(c). sures described in Solar No. 7’s plan and the following condition. Carbon monoxide (CO) sensors shall be set to The basis for the Bureau’s approval can be summarized alarm at the lowest practicable setting and be positioned in the following statements: in the ventilation current to provide the most effective 1. Barbara B’s plan provides early warning fire detec- detection. tion by the use of carbon monoxide (CO) detectors, and RoxCoal, Inc. audible alarm over the mine communication system. The Bureau of Deep Mine Safety has approved 2. Barbara B’s plan provides a separate, isolated intake RoxCoal, Inc.’s request for a variance from section 242(c) escapeway that will be maintained at a higher ventilation of the Pennsylvania Bituminous Coal Mine Act for the pressure than the belt and common entries. Agustus Mine. The following notification contains a sum- 3. Barbara B’s plan provides for the belt and common mary of this request. A complete copy of the variance entries to serve as an alternate intake escapeway. request may be obtained from Allison Trader by calling
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 NOTICES 853
(724) 439-7469 or from the BDMS web site at http:// APPLICATIONS RECEIVED UNDER www.dep.state.pa.us/dep/deputate/minres/dms/dms.htm. SECTION 401: FEDERAL WATER Summary of the request: RoxCoal requested a variance from section 242(c) of the Pennsylvania Bituminous Coal POLLUTION CONTROL ACT Mine Act to allow for the common ventilation of the belt ENCROACHMENTS conveyor entry with other entries at the Agustus Mine. The proposal accords protections to persons and property The following Dam Safety and Encroachment permit substantially equal to or greater than the requirements of applications, requests for Environmental Assessment ap- section 242(c). proval and requests for water quality certification have been received by the Department of Environmental Pro- The basis for the Bureau’s approval can be summarized tection (Department). Section 401(a) of the Federal Water in the following statements: Pollution Control Act (33 U.S.C.A. § 1341(a)) requires the 1. Agustus’ plan provides early warning fire detection State to certify that the involved projects will not violate by the use of carbon monoxide (CO) detectors, and the applicable provisions of 33 U.S.C.A. §§ 1311—1313, audible alarm over the mine communication system. 1316 and 1317, as well as relevant State requirements. Initial requests for 401 certification will be published 2. Agustus’ plan provides a separate, isolated intake concurrently with the permit application. Persons object- escapeway that will be maintained at a higher ventilation ing to approval of a request for certification under section pressure than the belt and common entries. 401 or to the issuance of a Dam Safety or Encroachment 3. Agustus’ plan provides for the belt and common Permit or the approval of Environmental Assessments entries to serve as an alternate intake escapeway. must submit comments, suggestions or objections within 30 days of the date of this notice as well as any questions 4. There are significant health and safety benefits to the office noted above the application. associated with allowing entries in common with the belt entry. Repair and maintenance work in the belt entry is Applications received under the Dam Safety and afforded safer access. Improved visual safety inspections Encroachments Act (32 P. S. §§ 693.1—693.27) and are facilitated by open crosscuts. section 302 of the Flood Plain Management Act This approval is limited to a variance from the require- (32 P. S. § 679.302) and requests for certification ments in section 242(c) requiring that the belt entry is under section 401 of the Federal Water Pollution isolated from other entries. All other terms and require- Control Act. ments of section 242(c) shall remain in effect. This approval applies to all areas developed after May 20, Southeast Regional Office: Program Manager, Water 1998. Continued authorization for operation under the Management Program, Lee Park, Suite 6010, 555 North approval is contingent upon compliance with the mea- Lane, Conshohocken, PA 19428. sures described in Agustus’ plan. E09-781. Encroachment. Bucks County Water and Keystone Coal Mining Corporation Sewer Authority, 1275 Almshouse Road, Warrington, PA 18976. To construct and maintain a pumping station The Bureau of Deep Mine Safety has received a request located along the south side of PA Route 313 and for variance from Keystone Coal Mining Corporation. The approximately 1/2 mile east of Quakertown Borough, and following notification contains a summary of this request. to construct and maintain a sewer line extending south- A complete copy of the variance request may be obtained west from the pumping station for approximately 1.2 from Allison Trader by calling (724) 439-7469 or from the miles to a point adjacent to Morgan Creek (TSF). This BDMS web site at http://www.dep.state.pa.us/dep/ project will impact the Morgan Creek 100 year floodplain deputate/minres/dms/dms.htm. and adjacent wetlands (Quakertown, PA Quadrangle, The Department is publishing a summary of the re- begin N: 11.45 inches; W: 9.2 inches and end N: 8.5 quest to solicit comments from affected parties on the inches; W: 11.1 inches) in Richland Township, Bucks proposed variance request. Comments may be used by the County. Bureau to assist in its investigation of the variance request. Comments will be accepted for 30 days following E09-783. Encroachment. Middletown Township, the publication of this notice. All comments should be 2140 Trenton Road, Levittown, PA 19056-1483. To con- addressed to: Richard E. Stickler, Director, Bureau of struct and maintain approximately 300 linear feet of Deep Mine Safety, Fayette County Health Center, 100 stream bank stabilization along the northeast bank of New Salem Road, Room 167, Uniontown, PA 15401. Chubb Run (WWF, MF). The bank stabilization will be accomplished using a gabion basket retaining wall struc- Section 702 of the Bituminous Coal Mine Act (52 P. S. ture ranging from 4.5 feet to 9 feet in height. The project §§ 701 and 702) (act) provides a mechanism for operators site is located along the section of Chubb Run between to obtain variances from specific requirements of the act Lincoln Highway and Eastbrook Avenue, approximately to accommodate the adoption of new machinery, equip- 700 feet east from the intersection of Lincoln Highway ment, tools, supplies, methods or processes. (Business Route 1) and Neshaminy Street (Langhorne, PA Quadrangle N: 5.5 inches; W: 7.3 inches) in Middletown Section 242(c) states that where belt conveyors are Township, Bucks County. This application also includes installed, main stoppings and regulators shall be so notification of intent to construct and maintain stream arranged as to reduce the quantity of air traveling in the bank stabilization in accordance with the Department’s belt conveyor entry to a minimum for effective ventilation General Permit BDWM-GP-3 (Bank rehabilitation and and to provide an intake air split as an escapeway from Protection), at three locations along a tributary of Chubb the face area to the main air current. Run: 1) At southern side of Highland Avenue, at the point Summary of the request: Keystone Coal Mining Corpo- approximately 400 feet east of the intersection with F ration requests a variance to allow for the common Avenue; 2) Along the Gin Swale (a tributary to the ventilation of belt conveyor entries with other entries at Neshaminy Creek) at a point approximately 100 feet the Urling No. 1 Mine. downstream of Playwicki Street; 3) At a point approxi-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 854 NOTICES mately 200 feet north of the U. S. Rt. 1 (Lincoln Highway) near exit 16 of I-83 (Steelton, PA Quadrangle N: 9.93 near its intersection with Pleasant Avenue. inches; W: 12.65 inches) in Fairview Township, York County. Southcentral Regional Office: Section Chief, Water Man- agement Program, Soils and Waterways Section, 909 Northcentral Region: Water Management, Soils and Elmerton Avenue, 2nd Floor, Harrisburg, PA 17110, (717) Waterways Section, F. Alan Sever, Chief, 208 West Third 705-4707. St., Suite 101, Williamsport, PA 17701. E05-274. Encroachment. Bedford County Commis- sioners, 230 S. Juliana Street, Bedford, PA 15522. To E41-442. Encroachment. Richard and Eric Ran- rehabilitate and maintain Hewitt Covered Bridge over kinen, 2356 Riverside Drive, South Williamsport, PA Town Creek on T-305 located in the Village of Hewitt 17702-6835. To remove selected submerged old growth (Beans Cove, PA Quadrangle N: 0.8 inch; W: 1.6 inches) timber logs, not including the log cribs, from the West in Southampton Township, Bedford County. Branch Susquehanna River bed within a 12-mile bank-to- bank reach immediately upstream of the Hepburn Street E29-077. Encroachment. Fulton County Commis- Dam (Williamsport, PA Quadrangle N: 19.6 inches; W: 0.9 sioners, 201 North Street, McConnellsburg, PA 17233. To inch to Linden, PA Quadrangle N: 12.5 inches; W: 16.5 remove the existing structure and to construct and main- inches) in the City of Williamsport, Loyalsock Township, tain a single span prestressed adjacent box beam bridge South Williamsport Borough, Duboistown Borough, over Cove Creek on T-338 located just west with its Armstrong Township, Susquehanna Township, Nipponose intersection with PA 928 (Big Cove Tannery, PA Quad- rangle N: 13.7 inches; W: 7.8 inches) in Ayr Township, Township, Piatt Township and Woodward Township, Fulton County. Lycoming County. This project proposes to insignifi- cantly disturb 12 miles of streambed of the West Branch E38-123. Encroachment. South Londonderry Town- of the Susquehanna River, which is designated a warm ship, Rosemary Kays, P. O. Box 3, Campbelltown, PA water fishery. 17010. To develop the Lawn Community Park by placing fill in a de minimis area of wetlands equal to 0.03 acre Southwest Regional Office: Soils and Waterways Sec- and regrading 1.8 acres for construction of a baseball field tion, 400 Waterfront Drive, Pittsburgh, PA 15222-4745. and parking lot within the 100-year floodplain of the Conewago Creek. The park is located on the northeast E02-1261. Encroachment. Public Auditorium Au- side of Railroad Street (Elizabethtown, PA Quadrangle N: thority of Pittsburgh and Allegheny County,Re- 17.5 inches; W: 5.5 inches) in South Londonderry Town- gional Resource Center, 425 Sixth Avenue, Suite 1410, ship, Lebanon County. Pittsburgh, PA 15219-1819. To construct and maintain a major league baseball stadium known as PNC Park E67-602. Encroachment. Hempt Brothers, Inc.,Max within the flood plain of the Allegheny River (WWF) and Hempt, 205 Creek Rd., Camp Hill, PA 17011. To place fill in a de minimis area of wetlands equal to 0.009 acre for to construct and maintain a river bulkhead wall and its the purpose of constructing an access drive to Lot No. 1 associated fill for a distance of approximately 713 feet for the Springer Lane Project located west of Old York within the channel and floodway of the Allegheny River. Road and Springer Lane intersection (Steelton, PA Quad- The stadium will be located on the south side of West rangle N: 15.0 inches; W: 15.0 inches) in Fairview General Robinson Street between Stadium Drive and Township, York County. Federal Street near River Mile 0.5 on the right bank side of the Allegheny River (Pittsburgh West, PA Quadrangle E67-654. Encroachment. Windsor Township, 400 N: 12.9 inches; W: 0.7 inch) in the City of Pittsburgh, Bahns Mill Road, Red Lion, PA 17356. To remove an Allegheny County. existing structure and to construct and maintain a double 12 foot by 4 foot concrete box culvert and to place 20 E26-252. Encroachment. Pennsylvania Department linear feet of riprap at both inverts to this culvert on of Transportation, Engineering District 12-0, P. O. Box Riddle Road over Kreutz Creek just south of SR 0124 459, Uniontown, PA 15401. To remove the existing struc- (Red Lion, PA Quadrangle N: 15.5 inches; W: 14.0 inches) ture (Arch Street Bridge) and to construct and maintain a in Windsor Township, York County. A de minimis area of concrete box culvert having a normal clear span of 4.65 M wetlands equal to 300 square feet will be impacted as a and an underclearance of 1.57 M (invert depressed 0.3 M) result of this project. in Connell Run (WWF) on S. R. 1037, Section 01R at a E67-655. Encroachment. PA Department of Trans- point approximately 800 feet upstream of the confluence portation, Engineering District 8-0, John Rautzahn, of said stream with the Youghiogheny River, also to 2140 Herr St., Harrisburg, PA 17103. To remove an construct and maintain two outfall structures in said existing structure and to construct and maintain a double stream. Project is located in (Connellsville, PA Quad- span concrete spread box beam bridge over the Little rangle N: 2.8 inches; W: 12.7 inches) the City of Con- Conewago Creek (CH93-TSF). Each span is 78.5 feet wide nellsville, Fayette County. with a minimum underclearance of 13.6 feet. The bridge is located on SR 1021, Section 001, Segment 0010, Offset E65-714. Encroachment. Pennsylvania Department 1735 (Locust Point Road) north of SR 0921 (York Haven, of General Services, Bureau of Engineering and Archi- PA Quadrangle N: 11.9 inches; W: 17.0 inches) in East tecture, 18th and Herr Streets, Harrisburg, PA 17125. To Manchester and Conewago Townships, York County. construct and maintain a flood protection project consist- ing of approximately 3,100 linear feet of earthen levee, E67-656. Encroachment. Flight Systems, Inc., Robert 3,200 linear feet of concrete floodwall and ponding areas Shaffner, 505 Fishing Creek Rd., Lewisberry, PA 17339. along the north bank of Brush Creek (CWF) for the To place fill and a gabion wall along 130 linear feet of an purpose of protecting public safety and property along unnamed tributary to Fishing Creek (CH93-TSF) and to Brush Creek (Irwin, PA Quadrangle N: 14.7 inches; W: construct a parking lot adjacent to Flight Systems, Incor- 1.1 inches) in the City of Jeannette and Penn Borough, porated South Plant located north of Fishing Creek Road Westmoreland County.
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WATER ALLOCATIONS contact the specified program. TDD users may contact the Department through the Pennsylvania AT&T Relay Ser- Applications filed under the act of June 24, 1939 vice at (800) 654-5984. (P. L. 842, No. 365) (35 P. S. §§ 631—641) relating to the acquisition of rights to divert waters of the Industrial waste and sewerage actions under The Commonwealth. Clean Streams Law (35 P. S. §§ 691.1—691.1001). Southcentral Regional Office: Field Operations, Sanitar- Southeast Regional Office: Regional Water Management ian Regional Manager, 909 Elmerton Avenue, Harrisburg, Program Manager, Lee Park, Suite 6010, 555 North Lane, PA 17110-8200, (717) 705-4708. Conshohocken, PA 19428, (610) 832-6130. WA 06-1011. Water Allocation. Citizens Utilities of WQM Permit No. 1598422. Sewerage. Valley Forge PA, Berks County. The applicant is requesting the right Sewer Authority, 333 Pawling Road, Phoenixville, PA to purchase 2.0 million gallons per day from the City of 19460. Construction and operation of Perkiomen pump Reading. station adjacent to Valley Forge Sewer Authority Treat- ment plant located in Schuylkill Township, Chester Northwest Regional Office: Regional Manager, Water County. Supply Management, 230 Chestnut Street, Meadville, PA 16335-3481, (814) 332-6899. WQM Permit No. 1598417. Sewerage. Oxford Area Sewer Authority, P. O. Box 380, Oxford, PA 19363. WA 25-1003. Water Allocation. North East Borough, Construction and operation of a sewage pump station to 58 East Main Street, North East, PA 16428, for the right serve Locksley Glen subdivision located in East Not- to withdraw 3.4 mgd from Lake Erie. The proposed Lake tingham Township, Chester County. Erie withdrawal will be in the vicinity of Freeport Beach in North East Township, Erie County, to meet projected WQM Permit No. 4698432. Sewerage. Bruce K. water demands of the Borough. This application is contin- Entwisle, 500 Sweedsford Road, Ambler, PA 19002. Con- gent upon the issuance of a PWS permit for the construc- struction and operation to serve a single family residence tion of an 18-inch raw water transmission main from the located in Lower Gwynedd Township, Montgomery withdrawal site to the Borough’s existing treatment County. plant. WQM Permit No. 0998424. Sewerage. Bucks County Water and Sewer Authority, 1275 Almshouse Road, ACTIONS Warrington, PA 18976. Construction and operation of a 12 inch sewer line and a pump station which will include an FINAL ACTIONS TAKEN UNDER THE upgrade and reconstruction of Morgan Creek pump Sta- PENNSYLVANIA CLEAN STREAMS tion No. 3 located in Richland Township, Bucks County. LAW AND THE FEDERAL CLEAN WQM Permit No. 0998420. Sewerage. Jeanette DeMoreland, 34 Tohickon Drive, Ottsville, PA 18942. WATER ACT Construction and operation of a single residential STP [National Pollution Discharge Elimination System serving DeMoreland property at 506 Old Bethlehem Road Program (NPDES)] located in Haycock Township, Bucks County. DISCHARGE OF CONTROLLED INDUSTRIAL NPDES Permit No. PA0043982. Sewage. Utilities WASTE AND SEWERAGE WASTEWATER Inc. of PA, 5701 West Park Drive No. 101, Charlotte, NC 28217 is authorized to discharge from a facility located at (Part I Permits) Broad Run WWTP, 1202 Sawmill Road, Downingtown, PA The Department of Environmental Protection (Depart- 19335 located in West Bradford Township, Chester ment) has taken the following actions on previously County into East Branch of Brandywine Creek. received permit applications and requests for plan ap- NPDES Permit No. PA0057576. Sewage. Bruce K. proval and has issued the following significant orders. Entwisle, 500 Sweedsford Road, Lower Gwynedd, PA Persons aggrieved by this action may appeal, under 19002 is authorized to discharge from a facility located in section 4 of the Environmental Hearing Board Act (35 Lower Gwynedd Township, Montgomery County into an P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 unnamed tributary to Wissahickon Creek. (relating to the Administrative Agency Law) to the Envi- NPDES Permit No. PA0052761. Sewage. ronmental Hearing Board, Second Floor, Rachel Carson Buckingham Valley Nursing Home, P. O. Box 447, State Office Building, 400 Market Street Floor 2, P. O. Buckingham, PA is authorized to discharge from a facility Box 8457, Harrisburg, PA 17105-8457, (717) 787-3483. located in Buckingham Township, Bucks County to an Appeals must be filed with the Environmental Hearing unnamed tributary to Mill Creek. Board within 30 days of receipt of written notice of this action unless the appropriate statute provides a different NPDES Permit No. PA0055263. Sewage. Executive time period. Copies of the appeal form and the Board’s Center Condominium Association c/o B. C. Property rules of practice and procedure may be obtained from the Management, 220 Farm Lane, Doylestown, PA 18901 is Board. The appeal form and the Board’s rules of practice authorized to discharge from a facility located in and procedure are also available in braille or on Plumstead Township, Bucks County into an unnamed audiotape from the Secretary to the Board at (717) tributary to North Branch Neshaminy Creek. 787-3483. This paragraph does not, in and of itself, create any right of appeal beyond that permitted by applicable NPDES Permit No. PA0012190. Industrial waste. statutes and decisional law. Precision Tube Company, 287 Wissahickon Avenue, North Wales, PA 19454 is authorized to discharge from a Persons with a disability who wish to attend the facility located at Mueller Streamlined Company, Upper hearing and require an auxiliary aid, service or other Gwynedd Township, Montgomery County into Wis- accommodation to participate in the proceedings, should sahickon Creek.
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NPDES Permit No. PA0011746. Industrial waste. Building 0-47, Fort Indiantown Gap, Annville, PA 17003- PA-American Water Company, 800 West Hershey Park 5002 is authorized to discharge from a facility located in Drive, P. O. Box 888, Hershey, PA 17033-0888 is autho- East Hanover Township, Lebanon County to the receiv- rized to discharge from a facility located at Norristown ing waters named Swatara Creek. Water Purification Plant in Norristown Borough, Mont- gomery County into Schuylkill River. NPDES Permit No. PA0021806, Amendment No. 2. Sewerage. Annville Township, P. O. Box 320, NPDES Permit No. PA0052205. Sewage. John Annville, PA 17003 is authorized to discharge from a Murphy Jr., 89 Chestnut Valley Drive, Doylestown, PA facility located in North Annville Township, Lebanon 18901 is authorized to discharge from a facility located in County to the receiving waters named Quittapahilla Doylestown Township, Bucks County to an unnamed Creek. tributary to Cooks Run. NPDES Permit No. PA0087921. Sewerage. Berwick Northeast Regional Office: Water Management Program Township, 85 Municipal Road, Hanover, PA 17331 is Manager, 2 Public Square, Wilkes-Barre, PA 18711-0790, authorized to discharge from a facility located in Berwick (717) 826-2511. Township, Adams County to the receiving waters of an Permit No. 4098404. Sewerage. Dallas Area Munici- unnamed tributary of Pine Run. pal Authority, 530 South Memorial Highway, NPDES Permit No. PA0051861, Amendment No. Shavertown, PA 18708. Permit to construct a gravity 1. Sewerage. Penn Sylvan Realty Corporation,R.R. sewer extension and pump station with force main to 3, Box 3770, Mohnton, PA 19540-9231 is authorized to serve Brown Manor development, located in Kingston discharge from a facility located in Brecknock Township, Township, Luzerne County. Berks County to the receiving waters of an unnamed NPDES Permit No. PA-0029432. Sewerage. PA De- tributary of Rock Run. partment of Public Welfare, P. O. Box 2675, Harris- NPDES Permit No. PA0084255, Amendment No. burg, PA 17105-0000 is authorized to discharge from a 1. Sewerage. Swatara Mobile Home Park, 2459 Grace facility located in Newton Township, Lackawanna Avenue, Lebanon, PA 17046 is authorized to discharge County, to Falls Creek. from a facility located in Swatara Township, Lebanon NPDES Permit No. PA-0061476. Sewerage. County to the receiving waters of an unnamed tributary Edgewood Mobile Home Park, R. R. 1, Box 313, of Swatara Creek. Carbondale, PA 18407 is authorized to discharge from a facility located in Glenburn Township, Lackawanna NPDES Permit No. PA0026875, Amendment No. County, to an unnamed tributary of Ackerly Creek. 1. Sewerage. The Borough of Hanover, 44 Frederick Street, Hanover, PA 17331 is authorized to discharge from NPDES Permit No. PA-0063207. Sewerage. Scott a facility located in Conewago Township, Adams County Township Sewer and Water Authority,R.R.1,Box to the receiving waters named South Branch Conewago 324, Jermyn, PA 18433 is authorized to discharge from a Creek. facility located in Scott Township, Lackawanna County, to South Branch Tunkhannock Creek. NPDES Permit No. PA0037150, Amendment No. 2. Penn Township, York County Authority, 20 Wayne NPDES Permit No. PA-0024716. Sewerage. Free- Avenue, Hanover, PA 17331 is authorized to discharge land Borough Municipal Authority, 711 Birkbeck from a facility located in Penn Township, York County to Street, Freeland, PA 18224 is authorized to discharge the receiving waters named Oil Creek. from a facility located in Foster Township, Luzerne County, to Wet Weather Channel to Pond Creek. NPDES Permit No. PA0083747, Amendment No. 1. Industrial. Weaber, Inc., 1231 Mount Wilson Road, NPDES Permit No. PA-0042048. Sewerage. Co- Lebanon, PA 17042 is authorized to discharge from a nyngham Borough Authority, P. O. Box 469, facility located in South Annville Township, Lebanon Conyngham, PA 18219 is authorized to discharge from a County to the receiving waters named Gingrich Run. facility located in Sugarloaf Township, Luzerne County, to Nescopeck Creek. NPDES Permit No. PA0085600. Industrial. Ono In- dustries, Inc., Route 22 West, P. O. Box 150, Ono, PA NPDES Permit No. PA-0061417. Industrial waste. 17077 is authorized to discharge from a facility located in Northeastern Power Company, P. O. Box 7, McAdoo, East Hanover Township, Lebanon County to the receiv- PA 18237 is authorized to discharge from a facility located ing waters named Reeds Creek. in Kline Township, Schuylkill County, to the Little Schuylkill River. NPDES Permit No. PA0014605. Industrial. United Southcentral Regional Office: Regional Water Manage- Water Pennsylvania, Inc., 4211 East Park Circle, Har- ment Program Manager, 909 Elmerton Avenue, Harris- risburg, PA 17111-0151 is authorized to discharge from a burg, PA 17110-8200, (717) 705-4707. facility located in Fairview Township, York County to the receiving waters named Yellow Breeches Creek. NPDES Permit No. PA PAG043603. Sewerage. Den- ver L. and Karen F. Black, 10725 Tim Road, Orrstown, Permit No. 3698412. Sewage. Lancaster Area PA 17244 is authorized to discharge from a facility located Sewer Authority, 130 Centerville Road, Lancaster, PA in Lurgan Township, Franklin County to an unnamed 17603. This permit approves the construction of a pump tributary to Paxton Run. station in West Hempfield Township, Lancaster County. NPDES Permit No. PA0084778. Sewerage. Gran- Permit No. 2898404. Sewage. Denver L. and Karen ville Township, 100 Helen Street, Lewistown, PA 17044 F. Black, 10725 Tim Road, Orrstown, PA 17244. This is authorized to discharge from a facility located in Oliver permit approves the construction of sewage treatment Township, Mifflin County to the receiving waters named facilities in Lurgan Township, Franklin County. Strodes Run. Permit No. 2269201, Amendment No. 1. Industrial. NPDES Permit No. PA0028142. Sewerage. Pennsyl- Chloe Eichelberger Textiles, Inc., 142 Airport Drive, vania National Guard, DMVA, State Armory Board Middletown, PA 17057. This permit approves the con-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 NOTICES 857 struction of impoundment and liner system and industrial NPDES Permit No. PA0101800. Industrial waste. waste treatment facilities in Lower Swatara Township, Lord Corporation, 601 South Street, P. O. Box 1050, Dauphin County. Saegertown, PA 16433 is authorized to discharge from a Permit No. 0683406, Amendment No. 1. Sewage. facility located in Saegertown Borough, Crawford Penn Sylvan Realty Corporation, R. R. 3, Box 3770, County to French Creek and Woodcock Creek. Mohnton, PA 19540-9231. This permit approves the modi- fication to the construction of a sewage treatment plant NPDES Permit No. PA0093157. Sewage. Moraine and a spray field in Brecknock Township, Berks County. Camplands Association, Inc., 281 Staff Road, Slippery Rock, PA 16057 is authorized to discharge from a facility Northcentral Regional Office: 208 West Third Street, located in Brady Township, Butler County to an un- Suite 101, Grit Building, Williamsport, PA 17701. named tributary to Big Run. NPDES Permit No. PA0027049. Sewerage. Williams- port Sanitary Authority, 253 West Fourth Street, NPDES Permit No. PA0038482. Sewage. Fox Town- Williamsport, PA 17701-6113. Applicant granted permis- ship Sewer Authority, Gahr Road, Kersey, PA 15846 is sion to renew NPDES permit to discharge from the West authorized to discharge from a facility located in Fox plant sewer treatment facility, located at the City of Township, Elk County to an unnamed tributary to Williamsport, Lycoming County. Dagusahonda Run. NPDES Permit No. PA0113298. Sewerage. Elkland NPDES Permit No. PA0222739. Sewage. Blooming Borough Authority, 105 Parkhurst Street, Elkland, PA Valley United Methodist Church, 24740 State Street, 16920. Applicant granted permission to renew NPDES Meadville, PA 16335 is authorized to discharge from a permit to discharge treated sewage to the Cowanesque facility located in Blooming Valley Borough, Crawford River. Facility located at Elkland Borough, Tioga County. County. NPDES Permit No. PA0060062. Sewerage. United INDIVIDUAL PERMITS States Department of Labor, Red Rock Job Corps Center, P. O. Box 218, Lopez, PA 18628-0218. Applicant (PAS) granted permission to renew NPDES permit to discharge treated sewage to unnamed tributary to Mehoopany The following NPDES Individual Permits for discharges Creek. Facility located at Colley Township, Sullivan of stormwater from construction activities have been County. issued. Northwest Regional Office: Regional Water Management Southeast Regional Office: Regional Water Management Program Manager, 230 Chestnut Street, Meadville, PA Program Manager, Lee Park, Suite 6010, 555 North Lane, 16335, (814) 332-6942. Conshohocken, PA 19428-2233, (610) 832-6130.
NPDES Applicant Name County and Receiving Permit No. and Address Municipality Stream
PAS10-G327 West Bradford Township West Bradford Township Broad Run 1385 Campus Drive Chester County Downingtown, PA 19335
PAS10-G329 East Vincent Township East Vincent Township French Creek 262 Ridge Road Chester County Spring City, PA 19475
PAS10-G336 Wooldridge Construction of PA East Goshen Township West Branch Ridley Creek 1500 Green Hill Road Chester County West Chester, PA 19380
PAS10-G341 Dominion Corporate Center Tredyffrin Township Schuylkill River Associates Chester County c/o Realen Properties, Inc. 725 Talamore Drive Ambler, PA 19002
PAS10-T014-R Hough/Loew Associates, Inc. Limerick Township Unnamed Tributary to 55 Country Club Dr., Suite 200 Montgomery County Brook Evans Creek Downingtown, PA 19335
Southcentral Region: Section Chief, Water Management Program, Soils and Waterways Section, 909 Elmerton Avenue, Harrisburg, PA 17110-8200, (717) 705-4707.
PAS-10-0416. Individual NPDES. Dauphin County General Authority, 530 Harrisburg Street, Harrisburg, PA 17113. To implement an erosion and sedimentation control plan for streambanks stabilization, construction of footbridges, golf cart bridges and grading of golf course feature on 86 acres in Bedford Township, Bedford County. The project is located about 1 mile south of Bedford Borough (Bedford, PA Quadrangle N: 11.75 inches; W: 1.26 inches). Drainage will be to Shobers Run.
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INDIVIDUAL PERMITS (PAR) The following parties have submitted Notices of Intent (NOIs) for Coverage under (1) General NPDES Permit(s) to discharge wastewater into the surface waters of this Commonwealth. The approval for coverage under these general NPDES permits is subject to applicable effluent limitations, monitoring, reporting requirements and other conditions set forth in the general permit; (2) General Permit(s) for Beneficial Use of Sewage Sludge or Residential Septage by Land Application in Pennsylvania. The approval of coverage for land application of sewage sludge or residential septage under these general permits is subject to pollutant limitations, pathogen and vector attraction reduction requirements, operational standards, general requirements, management practices and other conditions set forth in the respective general permit. The Department of Environmental Protection approves the following coverages under the specified General Permit. The EPA Region III Regional Administrator has waived the right to review or object to this permit action under the waiver provision: 40 CFR 123.24. The application and related documents, effluent limitations, permitting requirements and other information are on file and may be inspected and arrangements made for copying at the contact office noted. List of NPDES and/or other General Permit Type PAG-1 General Permit For Discharges From Stripper Oil Well Facilities PAG-2 General Permit For Discharges of Stormwater From Construction Activities PAG-3 General Permit For Discharges of Stormwater From Industrial Activities PAG-4 General Permit For Discharges From Single Residence Sewage Treatment Plant PAG-5 General Permit For Discharges From Gasoline Contaminated Ground Water Remediation Systems PAG-6 General Permit For Wet Weather Overflow Discharges From Combined Sewer Systems PAG-7 General Permit For Beneficial Use of Exceptional Quality Sewage Sludge By Land Application PAG-8 General Permit For Beneficial Use of Non-Exceptional Quality Sewage Sludge by Land Application to Agricultural Land, Forest, a Public Contact Site or a Land Reclamation Site PAG-9 General Permit For Beneficial Use of Residential Septage By Land Application to Agricultural Land, Forest or a Land Reclamation Site General Permit Type—PAG-2 Facility Location County and Applicant Name Receiving Stream Contact Office and Municipality Permit No. and Address or Body of Water Telephone No. Doylestown Township PAR10-D415 The Cutler Group, Inc. Neshaminy Creek 555 North Lane, Suite Bucks County P. O. Box 629 6010, Lee Park Horsham, PA 19044 Conshohocken, PA 19428 (610) 832-6130 Milford Township PAR10-D416 Canary Group Unnamed 555 North Lane, Suite Bucks County 401 Fairview Avenue Tributary to 6010, Lee Park Quakertown, PA 18951 Neshaminy Creek Conshohocken, PA 19428 (610) 832-6130 Northampton PAR10-D417 Paulte Homes Corporation Unnamed 555 North Lane, Suite Township 1210 Northbrook Dr., Tributary to 6010, Lee Park Bucks County Suite 150 Neshaminy Creek Conshohocken, PA 19428 Trevose, PA 19053 (610) 832-6130 New Britain Township PAR10-D422 National Shrine of North Branch 555 North Lane, Suite Bucks County Czestochowa Neshaminy Creek 6010, Lee Park P. O. Box 2049 Conshohocken, PA 19428 Doylestown, PA (610) 832-6130 Falls Township PAR10-D405 Accu-Fire Van Sciver Lake 555 North Lane, Suite Bucks County 1241-R East Maple Avenue 6010, Lee Park Langhorne, PA 19047 Conshohocken, PA 19428 (610) 832-6130 Newtown Township PAR10-D410 Orleans Home Builders Hough’s Creek 555 North Lane, Suite Bucks County One Greenwood Plaze 6010, Lee Park 333 Street Rd. Conshohocken, PA 19428 Bensalem, PA (610) 832-6130
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Facility Location County and Applicant Name Receiving Stream Contact Office and Municipality Permit No. and Address or Body of Water Telephone No. Hilltown Township PAR10-D355 Calvary Church of Mill Creek 555 North Lane, Suite Bucks County Souderton 6010, Lee Park P. O. Box 84, Soudertown, Conshohocken, PA 19428 PA (610) 832-6130 Newtown Township PAR10-D357 Pitcairn Properties, Inc. Tributary to Core 555 North Lane, Suite Bucks County 165 Township Line Rd., Creek 6010, Lee Park Suite 1500 Conshohocken, PA 19428 Jenkintown, PA 19046 (610) 832-6130 Richland Township PAR10-D359 Americorp Development Unnamed 555 North Lane, Suite Bucks County 476 West Street Road Tributary to Beaver 6010, Lee Park Warminster, PA 18974 Run Conshohocken, PA 19428 (610) 832-6130 Plumstead Township PAR10-D361 Heritage-Steeple Chase, LP Pine Run Creek 555 North Lane, Suite Bucks County 3326 Old York Road, 6010, Lee Park Suite B Conshohocken, PA 19428 Furlong, PA 18925 (610) 832-6130 Sadsbury Township PAR10-D286 Cosmos Development Buck Run 555 North Lane, Suite Chester County P. O. Box 656 6010, Lee Park Sadsbury, PA 19396 Conshohocken, PA 19428 (610) 832-6130 Bethel Township PAR10-J137 Chetty Builders, Inc. Naamans Creek 555 North Lane, Suite Delaware County P. O. Box 805 6010, Lee Park Concordville, PA Conshohocken, PA 19428 (610) 832-6130 Newtown Township PAR10-J140 Township of Newtown Foxes Run 555 North Lane, Suite Delaware County 209 Bishop Hollow Road 6010, Lee Park Newtown Square, PA 19073 Conshohocken, PA 19428 (610) 832-6130 Limerick Township PAR10-T490 Neil and June Dreslin Unnamed Drainage 555 North Lane, Suite Montgomery County P. O. Box 53 way into Mingo 6010, Lee Park Limekiln, PA 19535 Creek Conshohocken, PA 19428 (610) 832-6130 Luzerne County PAR10R169 Louis and Elaine Beltrami Tributary to Luzerne CD Hazle Township c/o Thomas M. Durkin & Cranberry Creek (570) 674-7991 Sons, Inc. 3030 Grant St. Philadelphia, PA 19114 Erie County PAR10K122 Hytech Tool & Design Co. Free Outfall Erie Conservation Washington Township 12076 Edinboro Road District Edinboro, PA 16412 12723 Route 19 P. O. Box 801 Waterford, PA 16441 (814) 796-4203 Mercer County PAR104336 Carol Christner Unnamed Mercer Conservation Pine Township Christner Realty, Inc. Tributary to District 235 Alpha Drive Swamp Run R. D. 2, Box 2055 Pittsburgh, PA 16148 747 Greenville Road Mercer, PA 16137 (724) 662-2242 Mercer County PAR104338 John XXIII Home Unnamed Mercer Conservation City of Hermitage 2250 Shenango Valley Tributary to District Freeway Bobby Run R. D. 2, Box 2055 Hermitage, PA 16148 747 Greenville Road Mercer, PA 16137 (724) 662-2242 Schuylkill County PAR105773 Hidden Valley Golf Course Upper Little Schuylkill CD Wayne Township Driving Range Swatara Creek (570) 622-3742 Robert P. Jones, Mgr. Hidden Valley Golf Course 1753 Panther Valley Rd. Pine Grove, PA 17963
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Facility Location County and Applicant Name Receiving Stream Contact Office and Municipality Permit No. and Address or Body of Water Telephone No. Allegheny County PAR10A145-R Golden Triangle Ent. Inc. Chartiers Creek Allegheny County CD Kennedy Township 44 Partridge Lane (412) 241-7645 Imperial, PA 15126 Allegheny County PAR10A278 Municipality of Bethel Park Lick Run Allegheny County CD Bethel Park Borough 5200 West Liberty Avenue (412) 241-7645 Bethel Park, PA 15102 Allegheny County PAR10A294 PA Dept. of Transportation McClaren Run Allegheny County CD Findlay Township 45 Thoms Run Road Enlow Run (412) 241-7645 Moon Township Bridgeville, PA 15017 Allegheny County PAR10A301 PA Dept. of Transportation Peters Creek Allegheny County CD South Park Township P. O. Box 67676 Lick Run (412) 241-7645 Jefferson Borough Harrisburg, PA 17106-7676 Allegheny County PAR10A310 Empire Properties, Inc. Pine Creek Allegheny County CD Pine Township 375 Golfside Drive (412) 241-7645 Wexford, PA 15090 Allegheny County PAR10A311 Hampton Township Gourhead Run Allegheny County CD Hampton Township 3101 McCully Road (412) 241-7645 Allison Park, PA 15101 Allegheny County PAR10A312 Municipal Authority of UNT Millers Run Allegheny County CD South Fayette South Fayette Township (412) 241-7645 Township P. O. Box 171 Morgan, PA 15064 Allegheny County PAR10A313 National Assisted Living Chartiers Creek Allegheny County CD Upper St. Clair Limited Partnership (412) 241-7645 Township 2150 Goodlette Road Suite 800 Naples, FL 34102 Allegheny County PAR10A314 Pirollo Transport Company Little Deer Creek Allegheny County CD Harmar Township 6312 Hooker Street (412) 241-7645 Pittsburgh, PA 15206 Allegheny County PAR10A319 Woodmont Corporation Chartiers Creek Allegheny County CD Collier Township One Ridmar Center (412) 241-7645 Suite 900 6500 W. Freeway Fort Worth, TX 76116-2190 Allegheny County PAR10A321 Ohio Township UNT Kilbuck Run Allegheny County CD Ohio Township 1719 Roosevelt Road (412) 241-7645 Pittsburgh, PA 15237 Allegheny County PAR10A329 Stonewood East Brush Creek Allegheny County CD Pine Township 101 Bradford Road (412) 241-7645 Wexford, PA 15090 Beaver County PAR100252 Big Beaver Municipal Clarks Run Beaver County CD Beaver Falls Borough Authority Wallace Run (724) 774-7090 Homewood Borough 114 Forest Drive Stetzman Run Koppel Borough Darlington, PA 16115 Beaver Run Big Beaver Borough Beaver County PAR100253 PA Dept. of Transportation Six Mile Run Beaver County CD Industry Borough 45 Thoms Run Road Wolfs Run (724) 774-7090 Bridgeville, PA 15017 Fayette County PAR10L047 Department of Dunlap Creek SW Regional Office Redstone Township Transportation (412) 442-4315 BAMR P. O. Box 8476 Harrisburg, PA 17105-8476 Indiana County PAR103143 Edward Rellick UNT McCarthy Indiana County CD White Township 300 N. 9th Street Run (724) 463-8547 Indiana, PA 15701
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Facility Location County and Applicant Name Receiving Stream Contact Office and Municipality Permit No. and Address or Body of Water Telephone No. Indiana County PAR103144 Highridge Water Authority Blacklick Creek Indiana County CD East Wheatfield 17 Maple Avenue (724) 463-8547 Township Blairsville, PA 15717 Buffington Township Westmoreland County PAR10X108 Lou Yemc Hunters Run Westmoreland County South Huntingdon 350 Arona Road CD Township New Stanton, PA 15672 (724) 837-5271 Westmoreland County PAR10X131 Casey Harper Cedar Creek Westmoreland County Rostraver Township P. O. Box 748 CD Belle Vernon, PA 15012 (724) 837-5271 Westmoreland County PAR10X145 Edge Family Limited UNT Sew Creek Westmoreland County East Huntingdon Partnership CD Township 1220 University Drive (724) 837-5271 Dunbar, PA 15431 Westmoreland County PAR10X147 Leeds Business Accessories UNT Puckety Westmoreland County Upper Burrell 795 Pine Valley Drive Creek CD Washington Township Pittsburgh, PA 15239 (724) 837-5271 Westmoreland County PAR10X149 Redstone Presbyterian Turtle Creek Westmoreland County Murrysville 6 Garden Center CD Greensburg, PA 15601 (724) 837-5271 Westmoreland County PAR10X150 Kennametal, Inc. Loyalhanna Creek Westmoreland County Unity Township P. O. Box 231 CD Latrobe, PA 15650 (724) 837-5271 Westmoreland County PAR10X152 Dept. of Environmental UNT Hannas Run Westmoreland County Fairfield Township Protection CD Bureau of Abandoned Mine (724) 837-5271 Reclamation P. O. Box 8476 Harrisburg, PA 17105-8476 Westmoreland County PAR10X153 Westmoreland County Long Hollow Westmoreland County Rostraver Township Airport-Runway Youghiogheny River CD 200 Pleasant Unity Road (724) 837-5271 Suite 103 Latrobe, PA 15601 Westmoreland County PAR10X154 Carol G. Pollock UNT Nine Mile Westmoreland County Unity Township R. D. 1, P. O. Box 199 Run CD Latrobe, PA 15650 (724) 837-5271 Westmoreland County PAR10X156 Lorasen Holdings, Inc. UNT Bushy Run Westmoreland County Penn Township P. O. Box 241 CD Harrison, PA 15636 (724) 837-5271 Westmoreland County PAR10X157 Redevelopment Authority UNT Brush Creek Westmoreland County Jeannette City of Westmoreland County CD 601 Courthouse Square (724) 837-5271 Greensburg, PA 15601 Westmoreland County PAR10X159 PA Dept. of Transportation Speers Run Westmoreland County Rostraver Township P. O. Box 459 CD Uniontown, PA 15401-0459 (724) 837-5271 Westmoreland County PAR10X161 Eldo Bisacca Youghiogheny River Westmoreland County South Huntingdon 700 Atlantic Avenue CD Township McKeesport, PA 15132 (724) 837-5271 Westmoreland County PAR10X163 Huthison Excavating Four Mile Run Westmoreland County Unity Township 129 Philadelphia Street CD Armagh, PA 15920 (724) 837-5271 Westmoreland County PAR10X164 United Mobile Homes UNT Cedar Creek Westmoreland County Rostraver Township 3894 Thomas CD Memphis, TN 38127 (724) 837-5271
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Facility Location County and Applicant Name Receiving Stream Contact Office and Municipality Permit No. and Address or Body of Water Telephone No. Westmoreland County PAR10X166 Westinghouse Electric Calley’s Run Westmoreland County Sewickley Township I-70 Madison Exit CD 25A P. O. Box 158 (724) 837-5271 Madison, PA 15663 Westmoreland County PAR10X167 Duquesne Light Company Little Sewickley Westmoreland County Hempfield Township 411 Seventh Avenue Creek CD Pittsburgh, PA 15230 (724) 837-5271 Westmoreland County PAR10X168 The Mon Valley Program Long Hollow Westmoreland County Rostraver Township Eastgate Eleven Youghiogheny River CD Monessen, PA 15062 (724) 837-5271 Westmoreland County PAR10X169 Dept. of Environmental UNT Loyalhanna Westmoreland County Derry Township Protection Creek CD BAMR (724) 837-5271 P. O. Box 8476 Harrisburg, PA 17105 Westmoreland County PAR10X170 University of Pittsburgh Slate Creek Westmoreland County Hempfield Township 3400 Forbes Avenue CD Pittsburgh, PA 15260 (724) 837-5271 Westmoreland County PAR10X171 Esther Glasser Line Run Westmoreland County Unity Township 1419 Highview Drive CD Greensburg, PA 15601 (724) 837-5271 Westmoreland County PAR10X172 Donald A. Paulone Jacks Run Westmoreland County Hempfield Township 1 Corporate Circle CD Suite 1000 (724) 837-5271 Greensburg, PA 15601 Westmoreland County PAR10X175 Westmoreland County Jacks Run Westmoreland County South Greensburg Industrial Development CD Borough Courthouse Square (724) 837-5271 Suite 601 Greensburg, PA 15601 Westmoreland County PAR10X176 East Huntingdon Township Jacobs Creek Westmoreland County East Huntingdon P. O. Box 9 CD Township Alverton, PA 15612-0009 (724) 837-5271 Westmoreland County PAR10X177 Cintas Corporation Wilson Run Westmoreland County Hempfield Township 27 Whitney Drive CD Milford, OH 45140 (724) 837-5271 Westmoreland County PAR10X182 THF Jacobs Creek Westmoreland County East Huntingdon Mt. Pleasant JT Venture CD Township 955 Executive Parkway (724) 837-5271 Mt. Pleasant Borough Suite 210 St. Louis, MO 63141-6357 South Heidelberg PAR-10-C233 South Heidelberg Ind. Park Cacoosing Creek Berks County CD Township PHA I P. O. Box 520 Berks County Del C. Markward President 1238 County Welfare DCM III Associates Rd. 1628 North 18th Street Leesport, PA 19533 Allentown, PA 18104 (610) 372-4657 Lower Allen Township PAR-10-H193 Crossgates Inc. Cedar Run Cumberland County CD Cumberland County Westport Business Park 43 Brookwood Ave. 3555 Washington Road Suite 4 McMurray, PA 15317 Carlisle, PA 17013 (717) 240-7812 Susquehanna PAR-10-I176 OM Real Estate Ventures Paxton Creek Dauphin County CD Township 1190 Wood Street 1451 Peters Mountain Dauphin County Hummelstown, PA 17036 Rd. Dauphin, PA 17018 (717) 921-8100
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Facility Location County and Applicant Name Receiving Stream Contact Office and Municipality Permit No. and Address or Body of Water Telephone No. Lower Paxton PAR-10-I172 Forest Hills Associates Paxton Creek Dauphin County CD Township 4701 North Front Street 1451 Peters Mountain Dauphin County Harrisburg, PA 17110 Rd. Dauphin, PA 17018 (717) 921-8100 Derry Township PAR-10-I169 The Pennsylvania State Spring Creek (East) Dauphin County CD Dauphin County University 1451 Peters Mountain P. O. Box 850 Rd. Hershey, PA 17033 Dauphin, PA 17018 (717) 921-8100 Warwick Township PAR-10-O-352 Warner Lambert Lititz Run Lancaster County CD Lancaster County 400 West Lincoln Avenue 1383 Arcadia Road, Lititz, PA 17543 Room 6 Lancaster, PA 17601 (717) 299-5361 West Manheim PAR-10-Y355 Woodridge Hunt Unt. S. Branch York County CD Township Joseph A. Myers Codorus Creek 118 Pleasant Acres Road York County 150 Ram Drive York, PA 17402 Hanover, PA 17331 (717) 840-7430 West Manchester PAR-10-Y296 The Greens at West Gate Willis Run York County CD Township Phase II 118 Pleasant Acres Road York County Shah Mathias York, PA 17402 P. O. Box 163 (717) 840-7430 Red Lion, PA 17356 Shrewsbury Township PAR-10-Y369 Southern York School Unt. to S. Branch York County CD York County District Codorus Creek 118 Pleasant Acres Road Wayne McCullough York, PA 17402 P. O. Box 128 (717) 840-7430 Glen Rock, PA 17327 Carroll Township PAR-10-Y341 Clyde R. Strayer Trust Unt. to Yellow York County CD York County Bob Watkinson Mellon Breeches Creek 118 Pleasant Acres Road Bank York, PA 17402 10 South Second Street (717) 840-7430 Harrisburg, PA 17108-1010 General Permit Type—PAG-3 Facility Location County and Applicant Name Receiving Stream Contact Office and Municipality Permit No. and Address or Body of Water Telephone No. Lackawanna County PAR112215 Lockheed Martin N/A Northeast Regional Archbald Borough Tactical Defense Systems Office J.F.K. Drive Water Management Archbald, PA 18403 Program 2 Public Square Wilkes-Barre, PA 18711 (717) 826-2553 Lehigh County PAR602211 Liberty Recycling, Inc. Jordan Creek Northeast Regional City of Allentown P. O. Box 1014 Lehigh River Office Allentown, PA 18105 Water Management Program 2 Public Square Wilkes-Barre, PA 18711 (717) 826-2553 Luzerne County PAR602212 M. H. Brenner Recycling, N/A Northeast Regional Hazleton City Inc. Office 282 S. Wyoming Street Water Management Hazleton, PA 18201 Program 2 Public Square Wilkes-Barre, PA 18711 (717) 826-2553
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Facility Location County and Applicant Name Receiving Stream Contact Office and Municipality Permit No. and Address or Body of Water Telephone No. Luzerne County PAR802236 Pitt Ohio Express, Inc. N/A Northeast Regional Hazle Township 45 26th Street Office Pittsburgh, PA 15222 Water Management Program 2 Public Square Wilkes-Barre, PA 18711 (717) 826-2553 Luzerne County PAR112223 Koehler-Bright Star, Inc. Sugar Notch Run Northeast Regional Hanover Township 380 Stewart Road (Solomon Creek) Office Wilkes-Barre, PA 18760 Water Management Program 2 Public Square Wilkes-Barre, PA 18711 (717) 826-2553 Columbia County PAR144807 Haddon Craftsmen Inc. Cambells Creek Northcentral South Centre Township R. R. Donnelley & Sons Co. 208 W. Third St. 4411 Old Berwick Rd. Williamsport, PA 17701 Bloomsburg, PA 17815 (717) 327-3664
SEWAGE FACILITIES ACT SAFE DRINKING WATER PLAN APPROVAL Actions taken under the Pennsylvania Safety Plan approval granted under the Pennsylvania Drinking Water Act (35 P. S. §§ 721.1—721.17). Sewage Facilities Act (35 P. S. §§ 750.1—750.20). Southeast Regional Office: Sanitarian Regional Man- Regional Office: Water Management Program Manager, ager, Lee Park, Suite 6010, 555 North Lane, Consho- Southcentral Region, 909 Elmerton Ave., Harrisburg, PA hocken, PA 19428-2233, (610) 832-6130. 17110. Permit No. 0998509. Public water supply. North Location: Strasburg Borough, Lancaster County, 140 Wales Water Authority, 200 West Walnut Street, P. O. Precision Ave., Strasburg, PA 17579. Box 1339, North Wales, PA 19454. A permit has been issued to the North Wales Water Authority for the The approved plan examines capacity requirements construction of a 4.0 mg high point elevated storage tank over the next 20 years and three alternates to achieve and the connecting mains. Also, this project will include that capacity; building its own STP, building an STP in the demolition of the existing 3.5 mg high point standpipe conjunction with Strasburg Township, and purchasing in New Britain Township, Bucks County. additional capacity from suburban Lancaster Sewer Au- thority (SLASA). The selected alternative is purchase of Type of Facility: Public Water Supply System an additional 100,000 gpd of capacity from SLASA. Ultimately, two pump stations will have to be expanded. Consulting Engineer: Gannette Fleming, Inc., P. O. Box The Department’s review of the sewage facilities update 67100, Harrisburg, PA 17106 revision has not identified any significant environmental Permit to Construct Issued: January 19, 1999 impacts resulting from this proposal. Any required NPDES Permits or WQM Permits must be obtained in Northeast Regional Office: Sanitarian Regional Man- the name of the municipality or authority as appropriate. ager, 2 Public Square, Wilkes-Barre, PA 18711-0790, (717) Responsible Office: Northwest Regional Office, Regional 826-2511. Water Management Program Manager, 230 Chestnut Permit No. 4598503. Public water supply. Pennsylva- Street, Meadville, PA 16335-3481, (814) 332-6942. nia American Water Company, 800 West Hershey Location: Zelienople Borough, Harmony Borough, Jack- Drive, Hershey, PA 17033. This proposal involves the son Township, Lancaster Township, Butler County. installation of corrosion inhibitor feed facilities at the PAWC properties of Pine Hill and Summit Point. PAWC Western Butler County Authority properties changing the AquaMag polyphosphate feed at 607 Market Street the Pocono Mountain Industrial Park Well to a zinc Zelienople, PA 16063 orthophosphate. It is located in Coolbaugh Township, Monroe County. Project Description: This approved project proposes ex- pansion of the design capacity of the sewage treatment Construction permit issued: December 22, 1998. plant from 1.5 to 2.2 mgd. It also provides for additional wet weather flow capacity to eliminate a hydraulic over- Permit No. 4598504. Public water supply. Mushroom load. Farms Development, 7 Sherman Road, Tobyhanna, PA 18466. This proposal involves the installation of equip- The Department’s review of the sewage facilities update ment for pH adjustment and to apply a corrosion inhibit- revision has not identified any significant environmental ing chemical. It is located in Tobyhanna Township, Mon- impacts resulting from this proposal. roe County.
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Construction permit issued: December 31, 1998. Construction permit issued: January 25, 1999. Permit No. 4598505. Public water supply. Estates at Permit No. 5498504. Public water supply. Blue Stone Row, Rob Sedwin, President, Property Owners Mountain Elementary School, Red Dale Road, Association, 16 Image Drive, Scotrun, PA 18355. This Orwigsburg, PA 17961. This proposal involves the addi- proposal involves an application for permit for two exist- tion of a contact tank cartridge filter, and sequestering to ing 15 to 20 gpm wells with chlorine disinfection serving augment existing treatment for iron removal. The the Estates at Stone Row. These two wells serve six amended system becomes: pH adjustment, chlorination cluster units, each containing four dwelling units for a contact time, cartridge filtration, sequestering and fin- total buildout of 24 housing units. It is located in Pocono ished water storage. It is located in Wayne Township, Township, Monroe County. Schuylkill County. Construction permit issued: December 23, 1998. Construction permit issued: January 19, 1999. Permit No. 4898502. Public water supply. Walnut- Special Permit by Rule. 3486466. Glacier Water port Water Authority, Michael Newhard, 415 Lincoln Services, Inc., 2261 Cosmos Court, Carlsbad, CA 92009, Avenue, Walnutport, PA 18088. This proposal involves the Ebbie Hoitt. Glacier Water Services will operate nine addition of oxidation and a 175 gpm filtration plant to NAMA approved vending machines. remove iron and manganese from the source water of Permit issued: January 25, 1999. Well No. 5. It is located in Walnutport Borough, North- ampton County. Operations Permit issued on January 5, 1999, to Jim Thorpe Borough (West Side Filtration Plant) Jim Construction permit issued: December 31, 1998. Thorpe Borough, Carbon County. Minor Amendment for Permit No. 3994501. Public Operations Permit issued on January 25, 1999, to water supply. Whitehall Township Authority, Mickley Tamaqua Area Water Authority, Tamaqua Borough, Gardens System, for modification to booster pump at Schuylkill County. Mickley Gardens Air Stripper. It is located in Whitehall Township, Luzerne County. Operations Permit issued on January 4, 1999, to Sis- ters of Mercy of Dallas, PA, Mercy Center Well No. 1, Operations Permit issued on December 8, 1998, to Dallas Township, Luzerne County. Silver Springs Mountain Water Company, Silver Lake Township, Susquehanna County. Regional Office: Northcentral Field Operations, Envi- ronmental Program Manager, 208 West Third Street, Suite Operations Permit issued on December 15, 1998, to 101, Williamsport, PA 17701. Hollister Heights Mobile Home Park, Salem Town- ship, Wayne County. Permit No. 4198501. The Department issued a con- struction permit application to Melvin G. Rummings Operations Permit issued on December 30, 1998, to (Country Squire Courts Mobile Home Park, P. O. Box 402, Campbell’s Ledge Water Storage Tank, Duryea Bor- Salladsburg, PA 17740, Woodward Township, Lycoming ough, Luzerne County. County) for construction of a filtration plant, raw water Operations Permit issued on December 18, 1998, to intake structure, finished water storage, raw water, filter Nicholson Borough Authority, Nicholson Borough, water, system pressure pumps, wastewater settling tanks Wyoming County. and various transmission lines. Operations Permit issued on December 29, 1998, to LAND AND RECYCLING AND Chestnut Ridge Mobile Home Park, Well No. 2 pump ENVIRONMENTAL REMEDIATION station, Lower Towamensing Township, Carbon County. Under Act 2, 1995 Permit No. 4598506. Public water supply. Strouds- burg Municipal Authority, 410 Stokes Avenue, P. O. Preamble 3 Box 237, East Stroudsburg, PA 18301. This proposal involves the use of duplex submersible, in line, booster The following final reports were submitted under pumps with associated controls and small hydropneu- the Land Recycling and Environmental Remedia- matic tanks. It is located in Stroud Township, Monroe tion Standards Act (35 P. S. §§ 6026.101—6026.908). County. Provisions of Chapter 3 of the Land Recycling and Construction permit issued: January 26, 1999. Environmental Remediation Standards Act (act) require the Department of Environmental Protection (Depart- Permit No. 4598508. Public water supply. Commu- ment) to publish in the Pennsylvania Bulletin a notice of nity Association of Pocono Farms, Donald Weaver, submission of any final reports. A final report is submit- General Manager, 7000 Lake Road, Tobyhanna, PA 18466. ted to document cleanup of a release of a regulated This proposal involves the construction of corrosion con- substance at a site to one of the act’s remediation trol treatment facilities at Well Nos. 1, 2 and 4. The standards. A final report provides a description of the site treatment proposed passivation by pH/alkalinity adjust- investigation to characterize the nature and extent of ment by the addition of caustic soda. contaminants in environmental media, the basis for se- Construction permit issued: February 3, 1999. lecting the environmental media of concern, documenta- tion supporting the selection of residential or nonresiden- Permit No. 5498510. Public water supply. West Penn tial exposure factors, a description of the remediation Pines Mobile Home Park. This proposal involves the performed and summaries of sampling methodology and construction of two 60 gallon permitted wells with disin- analytical results which demonstrate that the remedia- fection and manganese sequestering supplying a 344 tion has attained the cleanup standard selected. single family modular housing unit development with 4Љ and 8Љ PVC pipe. Storage will be provided by a .307 For further information concerning the final report, million gallon tank. It is located in West Penn Township, contact the Environmental Cleanup Program in the De- Schuylkill County. partment’s Regional Office under which the notice of
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 866 NOTICES receipt of a final report appears. If information concern- investigation to characterize the nature and extent of ing a final report is required in an alternative form, contaminants in environmental media, the basis for se- contact the community relations coordinator at the appro- lecting the environmental media of concern, documenta- priate Regional Office listed. TDD users may telephone tion supporting the selection of residential or nonresiden- the Department through the AT&T Relay Service at (800) tial exposure factors, a description of the remediation 654-5984. performed and summaries of sampling methodology and The Department has received the following final re- analytical results which demonstrate that the remedia- ports. tion has attained the cleanup standard selected. The Department may approve or disapprove plans and reports Northeast Regional Field Office: Joseph Brogna, Re- submitted. This notice provides the Department’s decision gional Environmental Cleanup Program Manager, 2 Pub- and, if relevant, the basis for disapproval. lic Square, Wilkes-Barre, PA 18711-0790, (717) 826-2511. For further information concerning the plans and re- Wilkes-Barre General Hospital Ancillary Con- ports, contact the Environmental Cleanup Program in the struction Site, City of Wilkes-Barre, Luzerne County. Department’s Regional Office under which the notice of Scott Ressler, Environmental Toxicologist, Cocciardi & the plan or report appears. If information concerning a Associates, Inc., 4 Kacey Court, Mechanicsburg, PA 17055 final report is required in an alternative form, contact the has submitted a Final Report (on behalf of his client, community relations coordinator at the appropriate Re- Wilkes-Barre General Hospital, Auburn and North gional Offices listed. TDD users may telephone the Streets, Wilkes-Barre, PA 18764) concerning the remedia- Department through the AT&T Relay Service at (800) tion of site soils and groundwater found to have been 654-5984. contaminated with petroleum hydrocarbons. The report was submitted to document remediation of the site to The Department has acted upon the following plans meet the Statewide human health standard. and reports: Bendzlowicz Property (6374 Willow Street, Jackson- Southeast Regional Office: Environmental Cleanup Pro- ville, PA), East Allen Township, Northampton County. gram Manager, Lee Park, Suite 6010, 555 North Lane, Douglas H. Sammak, President, American Analytical & Conshohocken, PA 19428, (610) 832-5950. Environmental, Inc., 738 Front Street, Catasauqua, PA Vilsmeier Auction Company, Horsham Township, 18032 has submitted a Final Report (on behalf of his Montgomery County. Sunand Mabbula, P.G., Hardy clients, Kevin and Sandra Bendzlowicz, 6 Short Lane Environmental Services, 425 Old Airport Road, New Road, Northampton, PA 18067) concerning the remedia- Castle, DE 19720, has submitted a Final Report concern- tion of site soils found to have been contaminated with ing the remediation of site soil contaminated with BTEX, BTEX (benzene, toluene, ethylbenzene and xylene) com- petroleum hydrocarbons and polycyclic aromatic hydrocar- pounds, petroleum hydrocarbons and polycyclic aromatic bons. The Final Report demonstrated attainment of the hydrocarbons (PAHs). The report was submitted to docu- Statewide health standard and was approved by the ment remediation of the site to meet the Statewide Department on January 22, 1999. human health standard. SOLID AND HAZARDOUS WASTE LAND RECYCLING AND OPERATE WASTE PROCESSING OR DISPOSAL ENVIRONMENTAL REMEDIATION AREA OR SITE Under Act 2, 1995 Solid Waste Permits issued under the Solid Waste Preamble 4 Management Act (35 P. S. §§ 6018.101—6018.1003) and regulations to operate solid waste processing The Department has taken action on the following or disposal area or site. plans and reports under the Land Recycling and Environmental Remediation Standards Act (35 Southcentral Regional Office: Regional Solid Waste Pro- P. S. §§ 6026.101—6026.908) and Chapter 250 Ad- gram, 909 Elmerton Avenue, Harrisburg, PA 17110, (717) ministration of Land Recycling Program. 705-4706. Permit No. 400618. The Milton S. Hershey Med- Provisions of 25 Pa. Code § 250.8 Administration of ical Center (500 University Drive, Hershey, PA 17033- Land Recycling Program requires the Department of 0850). Application for permit renewal for a pathological Environmental Protection (Department) to publish in the and infectious waste incinerator for a site in Derry Pennsylvania Bulletin a notice of its final actions on plans Township, Dauphin County. Permit issued in the Re- and reports. A final report is submitted to document gional Office January 4, 1999. cleanup of a release of a regulated substance at a site to one of the Act 2 (Land Recycling and Environmental This was incorrectly published in the January 23, 1999 Remediations Standards Act) remediation standards. Pennsylvania Bulletin. Plans and reports required by provisions of Act 2 for Northwest Regional Office: Regional Solid Waste Man- compliance with selection of remediation to a site-specific ager, 230 Chestnut Street, Meadville, PA 16335-3481, (814) standard, in addition to a final report, include a remedial 332-6848. investigation report, risk assessment report and cleanup plan. A remedial investigation report includes conclusions Permit No. 100691. Permit application to renew facili- from the site investigation, concentration of regulated ty’s operating permit for the term April 25, 1999 through substances in environmental media, benefits of reuse of April 25, 2009, was received from Water Management the property, and in some circumstances, a fate and of Pennsylvania, Inc. (Greater Erie Transfer Station transport analysis. If required, a risk assessment report and Recycling Center), 1159 West 16th Street, Erie, PA describes potential adverse effects caused by the presence 16502. Permit was issued in the Regional Office on of regulated substances. A cleanup plan evaluates the January 25, 1999. abilities of potential remedies to achieve remedy require- Permit No. 101646. Permit to accept municipal waste- ments. A final report provides a description of the site like residual wastes (Form S) was received from World
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Resource Recovery Systems, Inc., 1631 East Avenue, General Plan Approval and Operating Permit is- Erie, PA 16503, located in the City of Erie, Erie County. sued under the Air Pollution Control Act (35 P. S. Permit was issued in the Regional Office on January 29, §§ 4001—4015) and regulations to construct, 1999. modify, reactivate or operate air contamination Permits revoked under the Solid Waste Manage- sources and associated air cleaning devices. ment Act (35 P. S. §§ 6018.101—6018.1003) and Southeast Regional Office: Air Quality Program, 555 regulations to operate solid waste processing or North Lane, Conshohocken, PA 19428, (610) 832-6242. disposal area or site. 46-310-049G: ADC Recycling Corporation, Inc. Southcentral Regional Office: Regional Solid Waste (1060 Conshohocken Road, Conshohocken, PA 19428) is- Manager, 909 Elmerton Avenue, Harrisburg, PA 17110- sued for a mineral processing plant in Plymouth Town- 8200, (717) 705-4706. ship, Montgomery County. Permit No. 603428. Bollinger Farm, BFI (Conestoga Landfill, Mineview Drive, P. O. Box 128, Morgantown, PA Administrative Amendment of Operating Permits 19543. This permit has been revoked at the request of the issued under the Air Pollution Control Act (35 permittee for a site in East Hempfield Township, P. S. §§ 4001—4015) and regulations to construct, Lancaster County. Permit revoked in the Regional modify, reactivate or operate air contamination Office January 14, 1999. sources and associated air cleaning devices. Permit No. 603427. Knight Farm, BFI (Conestoga Southeast Regional Office: Air Quality Program, 555 Landfill, Mineview Drive, P. O. Box 128, Morgantown, PA North Lane, Conshohocken, PA 19428, (610) 832-6242. 19543. This permit has been revoked at the request of the permittee for a site in Lower Chanceford Township, York CP-09-0005: 3M Co. (2201 Green Lane, Bristol, PA County. Permit revoked in the Regional Office January 19007) amended January 27, 1999, for Facility VOCs/Nox 12, 1999. RACT in Bristol Township, Bucks County. AIR QUALITY Operating Permits Minor Modification issued under the Air Pollution Control Act (35 P. S. §§ 4001— OPERATING PERMITS 4015) and regulations to construct, modify, reacti- vate or operate air contamination sources and Operating Permits issued under the Air Pollution associated air cleaning devices. Control Act (35 P. S. §§ 4001—4015) and regula- tions to construct, modify, reactivate or operate Southeast Regional Office: Air Quality Program, 555 air contamination sources and associated air North Lane, Conshohocken, PA 19428, (610) 832-6242. cleaning devices. 46-313-056: McNeil Pharmaceutical (Welsh and Northcentral Regional Office: Air Quality Program, 208 McKean Roads, Spring House, PA 19477) modified Janu- West Third Street, Suite 101, Williamsport, PA 17701, ary 27, 1999, for three organic acid reactors in Lower (717) 327-3637. Gwynedd Township, Montgomery County. TVOP-18-00003: PP&L, Inc., Lock Haven Combus- PLAN APPROVALS tion Turbine Site (Two North Ninth Street, Allentown, PA 18101) issued January 29, 1999, revised Title V Plan Approvals issued under the Air Pollution Con- operating permit to include all applicable NOx allowance trol Act (35 P. S. §§ 4001—4015) and regulations to requirements including source compliance, emissions, construct, modify, reactivate or operate air con- monitoring, recordkeeping and reporting for each of the tamination sources and associated air cleaning facility’s affected sources. devices. TVOP-41-00003: PP&L, Inc., Williamsport Com- bustion Turbine Site (Two North Ninth Street, Allen- Southeast Regional Office: Air Quality Program, 555 town, PA 18101) issued January 29, 1999, revised Title V North Lane, Conshohocken, PA 19428, (610) 832-6242. operating permit to include all applicable NOx allowance PA-15-0014A: Norwood Industries, Inc. (57 requirements including source compliance, emissions, Morehall Road, Frazer, PA 19355) issued January 27, monitoring, recordkeeping and reporting for each of the 1999, for operation of a process tank area and solvent facility’s affected sources. unit in East Whiteland Township, Chester County. Northwest Regional Office: Air Quality Program, 230 Southcentral Regional Office: Air Quality Program, 909 Chestnut Street, Meadville, PA 16335-3481, (814) 332- Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4702. 6940. 06-1069B: East Penn Mfg. Co., Inc. (P. O. Box 147, PA-20-232A: Meadville Plating Co. (10775 Franklin Lyon Station, PA 19536) issued January 28, 1999, for Pike, Meadville, PA 16335) issued November 30, 1998, for construction of a grid casting (A-3) battery assembly operation of six chrome plating tanks in West Mead (industrial) controlled by a fabric collector at their Bat- Township, Crawford County. tery Assembly Plant in Richmond Township, Berks PA-25-952A: Bush Industries of PA, Inc. (2455 County. This source is subject to 40 CFR 60, Subpart Robison Road West, Erie, PA 16509) issued December 31, KK, Standards of Performance for New Stationary 1998, for operation of wood product uv surface coating in Sources. Summit Township, Erie County. 06-5086A: Terradyne Ceramics of PA, LLC (405 N. PA-61-012A: OMG Americas (P. O. Box 111, Franklin, Providence Road, Media, PA 19063) issued January 29, PA 16323) issued January 31, 1999, for operation of batch 1999, for construction of the tile manufacturing facility at chemical reactors in Sugarcreek Borough, Venango the Morgantown Plant in New Morgan Borough, Berks County. County.
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21-03001A: Ahlstrom Filtration, Inc. (P. O. Box A, efficiency air filter and thermal oxidizer, covered by this Mount Holly Springs, PA 17065) issued January 27, 1999, Plan Approval until March 15, 1999, in Antrim Township, for installation of a No. 1 Dual-Fuel Johnston Boiler in Franklin County. The saturator and the asphalt storage Mount Holly Springs, Cumberland County. This source tank are subject to 40 CFR 60, Subpart UU, Standards of is subject to 40 CFR 60, Subpart Dc, Standards of Performance for Asphalt Processing and Asphalt Roofing Performance for Small Industrial-Commerical-Institu- Manufacture. tional Stream Generating Units. 67-310-035B: Global Stone PenRoc, Inc. (P. O. Box 21-310-008A: Pennsy Supply, Inc. (P. O. Box 3331, 1967, York, PA 17405-1967) granted January 29, 1999, to Harrisburg, PA 17105) issued January 28, 1999, for authorize temporary operation for a roofing plant, covered modification of a crushing and screening operation at the by this Plan Approval until May 28, 1999, in West Silver Spring Quarry in Silver Spring Township, Cum- Manchester Township, York County. This source is berland County. This source is subject to 40 CFR 60, subject to 40 CFR 60, Subpart OOO, Standards of Subpart OOO, Standards of Performance for New Station- Performance for Nonmetallic Mineral Processing Plants. ary Sources. Southwest Regional Office: Air Quality Program, 400 36-05092: Greiner Industries, Inc. (1650 Steel Way, Waterfront Drive, Pittsburgh, PA 15222-4745, (412) 442- Mount Joy, PA 17552) issued January 28, 1999, for 4174. operation of a spray painting operation controlled by an aerovent dry filter in Mount Joy Township, Lancaster 65-304-039: Derry Construction Co., Inc. (R. D. 5, County. Box 34, Latrobe, PA 15650) for operation of sand removal and screening at Latrobe Plant in Latrobe Borough, 36-310-027F: Martin Limestone, Inc. (P. O. Box 550, Westmoreland County. Blue Ball, PA 17506) issued February 1, 1999, for instal- lation of a stone crushing and screening plant controlled 26-310-018: Mid-Atlantic, Inc. (400 Industrial Blvd., by wet suppression and an aeropulse fabric filter in East New Kensington, PA 15068) for installation of limestone Cocalico Township, Lancaster County. crushing at Connellsville II Quarry in Bullskin Township, Fayette County. Plan Approvals extensions issued under the Air 26-305-034: Matt Canestrale Contracting, Inc. Pollution Control Act (35 P. S. §§ 4001—4015) and (P. O. Box 234, Belle Vernon, PA 15012) for installation of regulations to construct, modify, reactivate or loading/unloading/stockpiling at LaBelle Site in Luzerne operate air contamination sources and associated Township, Fayette County. air cleaning devices. MINING Southeast Regional Office: Air Quality Program, 555 North Lane, Conshohocken, PA 19428, (610) 832-6242. APPROVALS TO CONDUCT COAL AND NONCOAL ACTIVITIES 23-313-041A: Sun Co., Inc. (R&M) (Delaware Avenue and Green Street, Marcus Hook, PA 19061) issued Janu- Actions on applications under the Surface Mining Con- ary 28, 1999, for operation of an organic chemical produc- servation and Reclamation Act (52 P. S. §§ 1396.1— tion in Marcus Hook Borough, Delaware County. 1396.19a); the Noncoal Surface Mining Conservation and 23-312-198A: Sun Co., Inc. (R&M) (Delaware Avenue Reclamation Act (52 P. S. §§ 3301—3326); The Clean and Green Street, Marcus Hook, PA 19061) issued Janu- Streams Law (35 P. S. §§ 691.1—691.1001); the Coal ary 28, 1999, for operation of 23 storage tanks in Marcus Refuse Disposal Control Act (52 P. S. §§ 30.51—30.66); Hook Borough, Delaware County. The Bituminous Mine Subsidence and Land Conservation Act (52 P. S. §§ 1406.1—1406.21). The final action on 23-318-001E: Congoleum Corp. (Ridge Road and each application also constitutes action on the request for Yates Avenue, Marcus Hook, PA 19061) issued January 401 water quality certification. Mining activity permits 29, 1999, for operation of a surface coating operation in issued in response to the applications will also address Trainer Borough, Delaware County. the applicable permitting requirements of the following 46-313-116C: Lonza, Inc. (900 River Road, Consho- statutes: the Air Quality Control Act (35 P. S. §§ 4001— hocken, PA 19428) issued January 31, 1999, for operation 4015); the Dam Safety and Encroachments Act (32 P. S. of process equipment in Upper Merion Township, Mont- §§ 693.1—693.27); and the Solid Waste Management Act gomery County. (35 P. S. §§ 6018.101—6018.1003). PA-15-0002B: Quebecor Printing Atglen, Inc. Ebensburg District Office, 437 South Center Street, P. O. (Route 372, Lower Valley Road, Atglen, PA 19310) issued Box 625, Ebensburg, PA 15931-0625. January 31, 1999, for operation of a publication rotogra- Coal Applications Issued vure press in West Sadsbury Township, Chester County. 56930109. Permit Revision, Mountaineer Mining Southcentral Regional Office: Air Quality Program, 909 Corporation (1010 Garrett Shortcut Road, Berlin, PA Elmerton Avenue, Harrisburg, PA 17110, (717) 705-4702. 15530), to change the land use of woodland and cropland 01-329-001A: Department of the Army, Com- to unmanaged natural habitat in Jenner Township, mander Alternative Joint Communications Center Somerset County, affecting 57.0 acres, receiving stream (1500 Porter Street, Fort Detrick, MD 21701) granted Flat Run and Roaring Run to Quemahoning Creek to January 26, 1999, to authorize temporary operation for Stonycreek. Application received November 25, 1998. Per- six No. 2 oil fired diesel engine generator sets, covered by mit issued January 25, 1999. this Plan Approval until May 23, 1999, at Site R, in 32930106. Permit Renewal for reclamation, only, M. B. Liberty Township, Adams County. Energy, Inc. (P. O. Box 1319, Indiana, PA 15701, for 28-309-003: Tarco Roofing Materials, Inc. (8650 continued restoration of a bituminous strip mine in Molly Pitcher Highway North, Antrim, PA 17225) granted Center Township, Indiana County, affecting 102.5 acres, November 15, 1998, to authorize temporary operation for receiving stream Tearing Run. Application received Janu- an asphalt saturated felt facility controlled by a high ary 22, 1999. Permit issued January 25, 1999.
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11900201. NPDES No. PA0599051. Permit Renewal, Receiving streams: unnamed tributary to Youghiogheny Maple Coal Company (2591 Wexford-Bayne Road, Suite River. Application received: January 25, 1999. 204, Sewickley, PA 15143-8610) continued operation and Pottsville District Office, 5 West Laurel Boulevard, restoration of a coal refuse reprocessing mine in Barr and Pottsville, PA 17901-2454. Blacklick Townships, Cambria County, affecting 134.2 acres, receiving stream Elk Creek. Application received Noncoal Permits Issued December 4, 1998. Issued January 25, 1999. 40980302. Small Mountain Quarry, Inc. (125 North 56753048. Permit Renewal, Gray Mining Company, Warren Street, West Hazleton, PA 18201), commence- Inc. (1134 Stoystown Road, Friedens, PA 15541), com- ment, operation and restoration of a quarry operation in mencement, operation and restoration of bituminous strip Salem Township, Luzerne County affecting 49.6 acres, mine in Quemahoning and Stonycreek Townships, receiving stream—none. Permit issued January 27, 1999. Somerset County, affecting 296.0 acres, receiving Pottsville District Office, 5 West Laurel Boulevard, stream to Stony Creek. Application received November 6, Pottsville, PA 17901-2454. 1998. Permit issued January 25, 1999. Small Noncoal (Industrial Mineral) Permits Issued 32880107. Permit Renewal, Urey Coal Company 58980851. Rick Whitney (R. R. 1, Box 76, Montrose, (222 Forest Ridge Road, Indiana, PA 15701), continued PA 18801), commencement, operation and restoration of a operation and restoration of bituminous strip in Banks bluestone quarry operation in Springville Township, Township, Indiana County, affecting 133.3 acres, receiv- Susquehanna County affecting 1.0 acre, receiving ing stream unnamed tributary to Cush Creek; unnamed stream—none. Permit issued January 29, 1999. tributary to South Branch Bear Run. Application received December 4, 1998. Issued January 27, 1999. ACTIONS TAKEN UNDER SECTION 32980108. Amerikohl Mining, Inc. (202 Sunset 401: FEDERAL WATER POLLUTION Drive, Butler, PA 16001), commencement, operation and CONTROL ACT restoration of a bituminous strip mine with coal refuse ash under the general permit and a beneficial use ENCROACHMENTS approval in Young Township, Indiana County, affecting The Department of Environmental Protection (Depart- 149.8 acres, receiving stream unnamed tributaries to ment) has taken the following actions on previously Reeds Run and Coal Run to Aultmans Run to Conemaugh received Dam Safety and Encroachment permit applica- River. Application received August 5, 1998. Permit issued tions, requests for Environmental Assessment approval January 27, 1999. and requests for Water Quality Certification under sec- McMurray District Office, 3913 Washington Road, tion 401 of the Federal Water Pollution Control Act (33 McMurray, PA 15317. U.S.C.A. § 1341(a)). 11841301. BethEnergy Mines, Inc. (P. O. Box 29, Persons aggrieved by this action may appeal, under Ebensburg, PA 15931), to renew the permit for the Mine section 4 of the Environmental Hearing Board Act (35 No. 33—Cambria Slope in Cambria Township, Cambria P. S. § 7514) and 2 Pa.C.S. §§ 501—508 and 701—704 County to renew existing permit and the related NPDES (relating to the Administrative Agency Law) to the Envi- permit, no additional discharges. Permit issued January ronmental Hearing Board, 400 Market Street, Floor 2, 7, 1999. P. O. Box 8457, Harrisburg, PA 17105-8457, (717) 787- 3483. TDD users may contact the Board through the 03841302. Canterbury Coal Co. (R. D. 1, Box 119, Pennsylvania Relay Service, (800) 654-5984. Appeals Avonmore, PA 15618), to renew the permit for the must be filed with the Environmental Hearing Board DiAnne/David Mine in Kiskiminetas Township, Arm- within 30 days of receipt of the written notice of this strong County, no additional discharges. Permit issued action unless the appropriate statute provides a different January 13, 1999. time period. Copies of the appeal form and the Board’s rules of practice and procedure may be obtained from the 63831701. Eastern Associated Coal Corp. (P. O. Box Board at (717) 787-3483. This paragraph does not, in and 1233, Charleston, WV 25324), to renew the permit for the of itself, create any right of appeal beyond that permitted Delmont IW in South Huntingdon Township, Westmore- by applicable statutes and decisional law. land County, no additional discharges. Permit issued January 20, 1999. Actions on applications filed under the Dam Safety Pottsville District Office, 5 West Laurel Boulevard, and Encroachments Act (32 P. S. §§ 693.1—693.27), Pottsville, PA 17901-2454. section 302 of the Flood Plain Management Act (32 P. S. § 679.302) and sections 5 and 402 of The 54980101. Reilly Minerals Resources, Inc. (P. O. Clean Streams Law (35 P. S. §§ 691.5 and 691.402) Box 989, Pottsville, PA 17901), commencement, operation and notice of final action for certification under and restoration of an anthracite surface mine operation in section 401 of the Federal Water Pollution Con- Walker Township, Schuylkill County affecting 817.0 trol Act (33 U.S.C.A. § 1341(a)). (Note: Permits issued acres, receiving stream—Wabash Creek. Permit issued for Small Projects do not include 401 Certification, January 29, 1999. unless specifically stated in the description.) Greensburg District Office, R. D. 2, Box 603-C, Greensburg, PA 15601. Southeast Regional Office: Program Manager, Water Management Program, Lee Park, Suite 6010, 555 North Coal Applications Returned Lane, Conshohocken, PA 19428. 65990101. Purco Coal Inc. (22 VanVoorhis Lane, E09-775. Encroachment Permit. Byron Keeble, 482 Monongahela, PA 15063). Application received for com- Harris Road, Unit 1, Grand Junction, CO 81501. To mencement, operation and reclamation of a bituminous construct and maintain approximately 230 linear feet of surface mine located in South Huntingdon Township, sanitary sewer line across Beaver Run (EV), adjacent Westmoreland County, proposed to affect 14 acres. wetland (EV) and the associated 100-year floodplain. The
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 870 NOTICES utility line will provide connection to an existing septic Branch Susquehanna River located at the northeast system. The proposed 2-inch PVC force main will be corner of the Fairview Drive and Brushy Ridge Road encased in concrete and a 4-inch sleeve at the stream intersection (Montoursville North, PA Quadrangle N: 1.1 crossing. Temporary impact to adjacent wetlands is 0.08 inches; W: 3.7 inches) in the Borough of Montoursville, acre (PFO). The site is located at a point approximately Lycoming County. This permit was issued under section 500 feet south of the intersection of Rock Ridge Road and 105.13(e) ‘‘Small Projects.’’ Strocks Grove Road (Riegelsville, PA-NJ Quadrangle N: 3.0 inches; W: 2.0 inches) in Nockamixon Township, Southcentral Regional Office: Section Chief, Water Man- Bucks County. agement Program, Soils and Waterways Section, 909 E46-800. Encroachment Permit. Montgomery Square Elmerton Avenue, 2nd Floor, Harrisburg, PA 17110, (717) Partnership, 585 Skippack Pike, Suite 200, Blue Bell, 705-4707. PA 19422. To perform and maintain the following activi- ties in and along the 100-year floodway of an unnamed E05-216-R. Encroachment. Monroe Township,Ron tributary to the Little Neshaminy Creek for the proposed May, P. O. Box 38, Clearville, PA 15535. To reissue and Montgomery Square Commercial Development: A. Install extend the time limit on Permit No. E05-216 which a 120 feet long, 5 foot high by 10 foot wide roadway authorized the realignment and maintenance of 90 feet of bottomless box culvert, and utility lines beneath Knapp channel reach of an unnamed tributary to Elk Lick Creek Road; B. Install a 137 feet long, 4 foot high by 12 foot located upstream of T-352 culvert and about 0.4 mile from wide roadway bottomless box culvert, and utility lines its intersection with T-351 to redirect the flow into the beneath Knapp Road; C. Relocate approximately 25 linear culvert (Clearville, PA Quadrangle N: 3.5 inches; W: 11.05 feet of the stream channel to direct an unnamed tributary inches) in Monroe Township, Bedford County. This to the Little Neshaminy Creek into the proposed 4 foot permit was issued under section 105.13(e) ‘‘Small high by 12 foot wide box culvert for Knapp Road; D. Projects.’’ This permit also includes 401 Water Quality Install retaining wall system along Knapp Road, a portion Certification. of which will be located within the assumed 100 year floodway and wetland adjacent to the aforementioned Southwest Regional Office: Soils and Waterways Sec- tributary; E. Install three, outfall structures in wetlands; tion, 400 Waterfront Drive, Pittsburgh, PA 15222-4745. F. Install 155 linear feet of 24-inch stream enclosure piping in and along a second unnamed tributary to the E04-261. Encroachment. Pennsylvania Department Little Neshaminy Creek for the proposed Witchwood Road of Transportation, Engineering District 11-0, 45 Thoms crossing, plus utility lines in Witchwood Road; G. Exca- Run Road, Bridgeville, PA 15017. To remove the existing vate approximately 310 l. f. of an unnamed intermittent bridge and to construct and maintain a new bridge watercourse for the construction of Detention Basin ‘‘K.’’ having a normal span of 30.6 feet with an underclearance This project will impact approximately 0.39 acre of of 6.2 feet across Little Traverse Creek (WWF). The wetland. The site is located in an area south of the bridge is located on S. R. 0030, Section B05, STA 575 + intersection of Bethlehem Pike (SR 309) and Dekalb Pike 44, approximately 300 feet southeast of the intersection of (US Route 202) and extends south to Stump Road S. R. 0030 and S. R. 3023 (Aliquippa, PA Quadrangle N: (Ambler, PA Quadrangle N: 18.75-inches; W: 15.5 inches) 3.0 inches; W: 16.0 inches) in Independence Township, in Montgomery Township, Montgomery County. The Beaver County. applicant will construct 0.79 acre of wetland replacement. Northcentral Region: Water Management—Soils and E30-187. Encroachment. Pennsylvania Department Waterways, F. Alan Sever, Chief, 208 West Third St., of Transportation, Engineering District 12-0, P. O. Box Williamsport, PA 17701. 459, Uniontown, PA 15401. To remove the existing struc- ture and to construct and maintain a three-span bridge E08-341. Encroachment. Kevin L. Bozman,R.D.4, having normal clear spans of 90.6 feet, 90.4 feet, and 72 Box 248, Towanda, PA 18848-8929. To construct and feet and a minimum underclearance of 29.4 feet across maintain a 200 feet by 12 feet (2,400 square feet or 0.06 Dunkard Creek (WWF) located on S. R. 0088, Section 06R acre) driveway across a forested wetland to access a at its intersection with S. R. 2010. Also, to construct and residential building site. The project is located east of SR maintain three outfall structures in said stream. The 1029 and approximately 2,000 feet south of the south end project includes construction and maintenance of a tempo- of Lake Wesauking (Towanda, PA Quadrangle N: 8.9 rary causeway and cofferdam during construction inches; W: 3.5 inches) in Wysox Township, Bradford (Masontown, PA Quadrangle N: 2.6 inches; W: 8.9 inches) County. in Monongahela and Dunkard Townships, Greene E41-424. Encroachment. Alex Bobotas,RR4,Box County. This permit was issued under section 105.13(e) 412, South Williamsport, PA 17701. To construct and ‘‘Small Projects.’’ This permit also includes 401 Water maintain 1) a 97-foot by 16-foot clean fill boat ramp in Quality Certification. the right floodway of the West Branch Susquehanna River, 2) a 1,128-square foot floating wooden boat dock Northwest Regional Office: Soils and Waterways Sec- system in the West Branch Susquehanna River located tions, 230 Chestnut Street, Meadville, PA 16335-3481, 1.8 miles east on Sylvan Dell Road from the railroad (814) 332-6942. crossing in South Williamsport (Montoursville South, PA E10-290. Encroachment. Butler County Commis- Quadrangle N: 21.5 inches; W: 11.0 inches) in Armstrong sioners, P. O. Box 1208, Butler, PA 16003-1208. To Township, Lycoming County. This permit was issued remove the existing County Bridge No. 63 (Studebaker) under section 105.13(e) ‘‘Small Projects.’’ This permit also and to construct and maintain a steel beam bridge having includes 401 Water Quality Certification. a clear, normal span of 23 feet and an underclearance of 5 E41-438. Encroachment. Kremser Brothers Con- feet across Black Run on T-344 (Dickey Run) approxi- struction, 1301 Jordan Avenue, Montoursville, PA 17754. mately 500 feet east of T-890 (West Park Road) (Slippery To place fill approximately 500 feet by 35 feet by 8 feet Rock, PA Quadrangle N: 2.9 inches; W: 15.4 inches) in deep in the floodway of an unnamed tributary to the West Worth Township, Butler County.
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DAM SAFETY WA 09-1002. Water Allocation. Doylestown Township Municipal Authority, 425 Wells Road, Doylestown, PA Actions on applications filed under the Dam Safety 18901 has been granted the right to purchase 25,000 and Encroachments Act (32 P. S. §§ 693.1—693.27) gallons per day, based on a 30-day average, from North and section 302 of the Flood Plain Management Wales Water Authority in New Britain Township, Bucks Act (32 P. S. § 679.302) and sections 5 and 402 of County. The Clean Streams Law (35 P. S. §§ 691.5 and 691.402) and notice of final action for certification Type of Facility: Public Water Supply under section 401 of the Federal Water Pollution Consulting Engineer: Alfred S. Ciottoni, P.E., SC Engi- Control Act (33 U.S.C.A. § 1341(a)). neers, Inc., P. O. Box 407, Fort Washington, PA 19034 Central Office: Bureau of Waterways Engineering, 400 Permit Issued: January 21, 1999 Market Street, 6th Floor, P. O. Box 8554, Harrisburg, PA 17105-8554, (717) 787-8568. SPECIAL NOTICES D09-238. Dam. Bucks Country Gardens, LTD. (1057 North Easton Road, Doylestown, PA 18901). To modify, Notice of Certification to Perform Radon-Related operate and maintain an existing dam across a tributary Activities in Pennsylvania to the North Branch Neshaminy Creek for the purpose of In the month of January 1999, the Department of stormwater management. This dam is located adjacent to Environmental Protection of the Commonwealth of Penn- Easton Road as part of the Bucks Country Gardens sylvania, under the authority contained in the Radon renovation in Plumstead Township, Bucks County. Certification Act (63 P. S. §§ 2001—2014) and regulations WATER ALLOCATIONS promulgated thereunder at 25 Pa. Code Chapter 240, has certified the following persons to perform radon-related Actions taken on applications filed under the act of activities in Pennsylvania. The period of certification is 2 June 24, 1939 (P. L. 842, No. 365) (32 P. S. §§ 631— years. For a complete list of persons currently certified to 641) relating to the acquisition of rights to divert perform radon-related activities in Pennsylvania and for waters of the Commonwealth. information as to the specific testing devices that persons certified for testing or laboratory are certified to use, Southeast Regional Office: Bureau of Water Supply contact the Bureau of Radiation Protection, Radon Divi- Management, Lee Park, Suite 6010, 555 North Lane, sion, P. O. Box 8469, Harrisburg, PA 17105-8469, (800) Conshohocken, PA 19428, (610) 832-6130. 23RADON.
Name Address Type of Certification Mary Denney 110 West Lancaster Avenue Testing Wayne, PA 19087 Donald Ferguson 115 Raven Drive Testing Greensburg, PA 15601 John Kerrigan 269 Delaplane Avenue Testing RHIS, Inc. Newark, DE 19711 Jeffrey Koleny 89 Taylor Drive Testing Fallsington, PA 19054 Alan Skursky 804 Green Ridge Road Testing New Oxford, PA 17350 Wayne Stevens 140 Sumner Avenue Testing Clarks Summit, PA 18411 Mitigation Todd Giddings & Assoc., Inc. 3049 Enterprise Drive Mitigation State College, PA 16801 [Pa.B. Doc. No. 99-233. Filed for public inspection February 12, 1999, 9:00 a.m.]
Availability of Technical Guidance DEP will continue to revise its documents, as necessary, throughout 1999. Guidance Documents are on DEP’s World Wide Web Ordering Paper Copies Of DEP Guidance site (http://www.dep.state.pa.us) at the Public Participa- tion Center. The ‘‘January 1999 Inventory’’ heading is the Persons can order a bound paper copy of the latest Governor’s List of Non-regulatory Documents. The Inventory or an unbound paper copy of any of the final ‘‘Search the Inventory of Technical Guidance Documents’’ documents listed on the Inventory by calling DEP at (717) heading is a database of the Inventory. The ‘‘Final 783-8727. Documents’’ heading is the link to a menu of the various DEP bureaus and from there to each bureau’s final In addition, bound copies of some of DEP’s documents technical guidance documents. The ‘‘Draft Technical Guid- are available as DEP publications. Please check with the ance’’ heading is the link to DEP’s draft technical guid- appropriate bureau for more information about the avail- ance documents. ability of a particular document as a publication.
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Changes To Guidance Documents Lutheran Home for the Aged Here is the current list of recent changes. Persons who 149 West 22nd Street have any questions or comments about a particular Erie, PA 16502-2899 document should call the contact person whose name and ManorCare Health Services-Bethlehem phone number is listed with each document. Persons who 2021 Westgate Drive have questions or comments in general should call Joe Bethlehem, PA 18017 Sieber at (717) 783-8727. Draft Guidance Spring House Estates 728 Norristown Road DEP ID: 362-2192-001 Title: Biosolids Program Imple- Lower Gwynedd, PA 19002 mentation Guidance Description: The purpose of this guidance is to establish a rational and reasonable basis Towne Manor West for staff decisions which will promote quality, timely and 205 East Johnson Highway consistent service to the public and the regulated commu- Norristown, PA 19401 nity. Anticipated Effective Date: March 19, 1999 Com- ment by: March 13, 1999 Contact: Jay Africa at (717) Northwood Nursing and Convalescent Center 783-2941 4621 Castor Avenue DEP ID: 563-2000-001 Title: Government-Financed Philadelphia, PA 19124 Construction Contracts Description: This guidance is pre- York Terrace Nursing Center pared to define the procedures for the authorization of 2401 West Market Street incidental and necessary coal extraction and for the Pottsville, PA 17901-1833 utilization of excess spoil from an active mine for recla- mation of abandoned mine lands under a government- Countryside Convalescent Home Limited Partnership financed construction contract. Anticipated Effective Date: 8221 Lamor Road April 13, 1999 Comment by: March 13, 1999 Contact: Mercer, PA 16137 Nevin Strock at (717)783-8845 Final Guidance Millville Health Center PO Box 320 DEP ID: 273-5401-001 Title: Compliance Strategy for State Street Mushroom Composting Operations Description: This guid- Millville, PA 17846 ance is prepared to clarify the exemption of commercial production, processing or storage of compost as pertaining Kirkland Village to the Air Pollution Control Act and Solid Waste Manage- One Kirkland Village Circle ment Act. Effective Date: February 13, 1999 Contact: Bob Bethlehem, PA 18017-3846 Kulp (Air Quality) at (717) 787-1663 or Steve Socash (Waste Management) at (717) 787-7381 Bryn Mawr Terrace Convalescent Center JAMES M. SEIF, Haverford & Rugby Roads Secretary Bryn Mawr, PA 19010 [Pa.B. Doc. No. 99-234. Filed for public inspection February 12, 1999, 9:00 a.m.] Mansion Nursing and Convalescent Home 1040 Market Street Sunbury, PA 17801 John J. Kane Regional Center-Ross Township 110 McIntyre Road DEPARTMENT OF HEALTH Pittsburgh, PA 15237 Notice of Requests for Exceptions The Middletown Home 999 West Harrisburg Pike The following long-term care nursing facilities are Middletown, PA 17057 seeking an exception to 28 Pa. Code § 205.71(a), (b) and (d) (relating to bed and furnishings): Kinkora Pythian Home 25 Cove Road Stenton Hall Nursing Convalescent Center 7310 Stenton Avenue Duncannon, PA 17020 Philadelphia, PA 19150 Broad Mountain Nursing and Rehabilitation Center Beaver Valley Geriatric Center 500 West Laurel Street 246 Friendship Circle Frackville, PA 17930 Beaver, PA 15009 Pennsburg Manor Blough Health Care Center, Inc. 530 Macoby Street 316 East Market Street Pennsburg, PA 18073 Bethlehem, PA 18018 Mulberry Square Chapel Manor Nursing and Convalescent Center 1104 Welsh Road 407½ West Mahoning Street Philadelphia, PA 19115-3794 Punxsutawney, PA 15767 Grove Manor 435 North Broad Street Grove City, PA 16127
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Claremont Nursing and Rehabilitation Center Southwestern Nursing Center 375 Claremont Drive 500 Lewis Run Road Carlisle, PA 17013 Pittsburgh, PA 15236 The following long-term care nursing facility is seeking Pennypack Center an exception to 28 Pa. Code § 205.34 (relating to treat- 8015 Lawndale Street ment room or examining room): Philadelphia, PA 19111-1507 Transitional Care Center at Pittsburgh Ohio Valley General Hospital Wesbury United Methodist Community 25 Heckel Road 31 North Park Avenue Extension McKees Rocks, PA 15136 Meadville, PA 16335 The following long-term care nursing facility is seeking Allegheny Valley Hospital Skilled Nursing Facility an exception to 28 Pa. Code § 205.34 (relating to treat- 1301 Carlisle Street ment room or examining room) and 28 Pa. Code Natrona Heights, PA 15065 § 205.31(c) (relating to storage): Ridge Crest Nursing and Rehabilitation Center Transitional Level of Care Unit 1730 Buck Road, North 201 Reeceville Road Feasterville, PA 19053 Coatesville, PA 19320-0953 The following long-term care nursing facilities are Chapel Manor Nursing and Convalescent Center seeking an exception to 28 Pa. Code § 205.6(a) (relating 1104 Welsh Road to function of the building): Philadelphia, PA 19115-3794 Berks County Home-Berks Heim Forestview PO Box 1495 2301 Edinboro Road Reading, PA 19603 Erie, PA 16509 Beverly Healthcare-Meadville Dresher Hill Health and Rehabilitation Center 14714 Park Avenue Extension 1390 Camp Hill Road Meadville, PA 16335 Dresher, PA 19034 Beverly Healthcare-Western Reserve Transitional Care Unit 1521 West 54th Street 112 North Seventh Street Erie, PA 16509 PO Box 6005 HarmarVillage Care Center Chambersburg, PA 17201-6005 715 Freeport Road Gwynedd Square Center for Nursing and Cheswick, PA 15024 Convalescent Care Quincy United Methodist Home 773 Sumneytown Pike PO Box 217 Lansdale, PA 19556-5370 Quincy, PA 17247-0217 Sky Vue Terrace The following long-term care nursing facilities are 2170 Rhine Street seeking an exception to 28 Pa. Code § 211.2(g) and (h) Pittsburgh, PA 15221 (relating to medical services): Marwood Rest Home, Inc. The Ball Pavilion 1020 Oak Lane Avenue 5416 East Lake Road Philadelphia, PA 19126 Erie, PA 16511 Pennsylvania Memorial Home Rose View Center 51 Euclid Avenue 1201 Rural Avenue Brookville, PA 15825 Williamsport, PA 17701 Rathfon Convalescent Home The Western Pennsylvania Hospital Skilled 308 South Market Street Nursing Facility Selinsgrove, PA 17870 4800 Friendship Avenue Pittsburgh, PA 15224 IHS of Chestnut Hill 8833 Stenton Avenue Homestead Center Glenside, PA 19038 1113 North Easton Road Willow Grove, PA 19090 Lawson Nursing Home, Inc. Brookmont Health Care Center, Inc. 540 Coal Valley Road Box 50 Brookmont Drive Clairton, PA 15025 Effort, PA 18330 The following long-term care nursing facility is seeking The Lutheran Home Hollidaysburg an exception to 28 Pa. Code § 201.17 (relating to loca- 916 Hickory Street tion): Hollidaysburg, PA 16648 Meadowood Rest Haven-York 3205 Skippack Pike 1050 South George Street PO Box 670 York, PA 17403 Worcester, PA 19490-0670
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The following long-term care nursing facility is seeking This meeting is subject to cancellation without notice. an exception to 28 Pa. Code § 205.27(a) (relating to GARY L. GURIAN, lounge and recreation rooms): Acting Secretary StoneRidge Village [Pa.B. Doc. No. 99-236. Filed for public inspection February 12, 1999, 9:00 a.m.] 450 East Lincoln Avenue Myerstown, PA 17067-2213
The following long-term care nursing facility is seeking an exception to 28 Pa. Code § 201.17 (relating to loca- Pennsylvania Cancer Control Prevention and Re- tion), 28 Pa. Code § 205.20(m) and (l) (relating to patient search Advisory Board Meeting bedrooms), 28 Pa. Code § 205.72(b) (relating to furni- ture), 28 Pa. Code § 205.33(a) (relating to utility room), The Pennsylvania Cancer Control, Prevention and Re- and 28 Pa. Code § 205.36(k) (relating to bathing facil- search Advisory Board is scheduled to hold a meeting on ities): March 10, 1999, from 10 a.m. to 1 p.m. at the Pennsylva- nia Medical Society, 777 East Park Drive, Harrisburg, PA. Albert Einstein Health Network-Germantown Hospital Proposed Skilled Nursing Facility Persons wishing to attend the meeting or who have questions regarding the meeting should contact Susan F. 1735 Market Street, 53rd Floor George, Program Manager, Department of Health, Cancer Philadelphia, PA 19103-2921 Control Program, 1011 Health and Welfare Building, The requests are on file with the Department. A person Harrisburg, PA at (717) 787-5251. may receive a copy of a request for exception by request- Persons with a disability who desire to attend the ing a copy from: meeting and require an auxiliary aid, service or other accommodation to do so, should contact Susan F. George Division of Nursing Care Facilities at (717) 787-5251. V/TT: (717) 783-6514 for speech and/or Room 526, Health and Welfare Building hearing impaired persons or the Pennsylvania AT&T Harrisburg, PA 17120 Relay Services at (800) 654-5984 [TT]. (717) 787-1816 Fax: (717) 772-2163 GARY L. GURIAN, E-Mail Address: [email protected] Acting Secretary [Pa.B. Doc. No. 99-237. Filed for public inspection February 12, 1999, 9:00 a.m.] Those persons who wish to comment on an exception request may do so by sending a letter by mail, e-mail, or facsimile to the division and address listed previously. Comments received by the Department within 15 days after the date of publication of this notice will be Preventive Health and Health Services (PHHS) reviewed by the Department before it decides whether to Block Grant Advisory Committee Meeting approve or disapprove a request for exception. The Preventive Health and Health Services (PHHS) Persons with a disability who wish to obtain a copy of a Block Grant Advisory Committee is scheduled to hold a request and/or provide comments to the Department and meeting on February 18, 1999, from 10 a.m. to 3 p.m. in require an auxiliary aide service or other accommodation conference room 812 of the Health and Welfare Building, to do so, should contact V/TT: (717) 783-6514 for speech 7th and Forster Streets, Harrisburg, PA. and/or hearing impaired persons or the Pennsylvania For additional information or persons with a disability AT&T Relay Service at (800) 654-5984 [TT]. who desire to attend the meeting and require an auxiliary M. DIANE KOKEN, aide service or other accommodation to do so, should Insurance Commissioner contact Emilie M. Tierney, Director, or Terry L. Walker, [Pa.B. Doc. No. 99-235. Filed for public inspection February 12, 1999, 9:00 a.m.] Administrative Officer, Bureau of Chronic Diseases and Injury Prevention, at (717) 787-6214. This meeting is subject to cancellation without notice. V/TT (717) 783-6514 for speech and/or hearing impaired persons or the Pennsylvania AT&T Relay Services at Organ and Tissue Donation Advisory Committee (800) 654-5984 [TT]. Meeting GARY L. GURIAN, Acting Secretary The Organ and Tissue Donation Advisory Committee is [Pa.B. Doc. No. 99-238. Filed for public inspection February 12, 1999, 9:00 a.m.] scheduled to hold a meeting on March 3, 1999, from 10 a.m. to 1 p.m. in Room 812 of the Health and Welfare Building, Seventh and Forster Streets, Harrisburg, PA. For additional information or persons with a disability who desire to attend the meeting and require an auxiliary Request for Application for Planning Grants; Absti- aide service or other accommodation to do so, should nence Education and Related Services for Fiscal contact William J. Neil, Health Education and Informa- Year 1999 tion Program, Bureau of Chronic Diseases and Injury Prevention at (717) 787-5900. V/TT (717) 783-6514 for The Department of Health will distribute a Request for speech and/or hearing impaired persons or the Pennsylva- Application (RFA) for Planning Grants to implement nia AT&T Relay Services at (800) 654-5984 [TT]. three to four new community-based projects in Fiscal year
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1998-99. Applicants will have the opportunity to request Pennsylvania Human Resources Investment Council for funding to support the planning and implementation of inclusion in the Phase 1 designation: abstinence-only programs and services. The primary populations to be served are youth between 9-14 years of • Philadelphia age with a focus on those groups that are most likely to • Delaware County bear children out of wedlock. A maximum grant of up to $25,000 is available for the 6-month planning period • Chester County which begins April 1, 1999 and ends September 30, 1999. • Montgomery County At the completion of the planning period and based on the results of project performance reviews, projects will be • Bucks County eligible for an amount of up to $75,000 annually for up to • Lancaster County 3 years of Implementation Funding for the period October 1, 1999 to September 30, 2002. • Berks County All questions regarding the RFA should be directed to • Lehigh Valley—consisting of Lehigh and North- Phyllis Welborn, Department of Health at (717) 783-8451, ampton Counties or at V/TT (717) 783-6514 for speech and/or hearing • Northern Tier—consisting of Tioga, Bradford, impaired persons or the Pennsylvania AT&T Relay Ser- Susquehanna, Sullivan and Wyoming Counties vices at 1-800-654-5984 [TT]. • Southern Alleghenies—consisting of Cambria, Blair, GARY L. GURIAN, Huntingdon, Somerset, Bedford and Fulton Counties Acting Secretary [Pa.B. Doc. No. 99-239. Filed for public inspection February 12, 1999, 9:00 a.m.] • Northcentral—consisting of McKean, Potter, Elk, Cameron, Jefferson and Clearfield Counties Any interested party wishing to comment on the multi- phase designation process or on the local areas indicated for inclusion in Phase 1, must do so in writing by the close of business February 26, 1999. Comments should be DEPARTMENT OF LABOR forwarded to: Timothy Bittle, Executive Assistant to the Deputy Secretary of Workforce Development and Safety, AND INDUSTRY Department of Labor & Industry, 17th Floor Labor & Industry Building, Seventh and Forster Streets, Harris- Local Area Designations under the Workforce In- burg, PA 17120. vestment Act JOHNNY J. BUTLER, Secretary The Department of Labor and Industry on behalf of the [Pa.B. Doc. No. 99-240. Filed for public inspection February 12, 1999, 9:00 a.m.] Governor is publishing the Workforce Investment Act Local Area Designation plan for Pennsylvania. Under the Workforce Investment Act of 1998, Governors are re- quired to designate local workforce investment areas within the state through consultation with the State Board, after consultation with chief elected officials and after consideration of comments received through a public DEPARTMENT OF comment process. REVENUE The Governor solicited comments from local elected officials throughout the State and received designation Pennsylvania Crazy 8’s Instant Lottery Game requests covering every County within the State. At its January 28, 1999 meeting, the Team Pennsylvania Hu- Under the State Lottery Law (72 P. S. §§ 3761-101— man Resources Investment Council (HRIC), Pennsylva- 3761-314), and 61 Pa. Code § 819.203 (relating to notice nia’s State Workforce Investment Board, recommended a of instant game rules), the Secretary of Revenue hereby multi-phase local workforce investment area designation provides public notice of the rules for the following process and recommended 11 local areas to be included in instant lottery game: Phase 1 of the designation process. 1. Name: The name of the game is Pennsylvania Crazy The multi-phase designation process will enable local 8’s. areas to be designated, authorize chief elected officials to 2. Price: The price of a Pennsylvania Crazy 8’s instant appoint local Workforce Investment Boards, and to com- lottery game ticket is $1.00. mence planning so that the local area will be able to implement the Workforce Investment Act on July 1, 1999. 3. Play Symbols: Each Pennsylvania Crazy 8’s instant Subsequent Phases will identify local areas in the re- lottery game ticket will contain four play areas known as maining areas of the state not included within the areas ‘‘Game 1,’’ ‘‘Game 2,’’ ‘‘Game 3’’ and ‘‘Game 4.’’ Each identified in Phase 1. The HRIC authorized its Charter- ‘‘Game’’ is played separately. The play symbols and their ing Committee to review and recommend to the Governor captions located in the four play areas are: 1 (ONE), 2 on their behalf additional local areas ready for designa- (TWO), 3 (THR), 4 (FOR), 5 (FIV), 6 (SIX), 7 (SVN), 8 tion prior to the Council’s next meeting in March 1999. (EGT) and 9 (NIN). This will enable the remaining local areas to proceed with 4. Prize Play Symbols: The prize play symbols and local workforce investment board appointments and sys- .00 tems development. their captions located in the ‘‘Prize’’ area are: $1 (ONE DOL), $2.00 (TWO DOL), $4.00 (FOR DOL), $8.00 (EGT The following local areas have been identified by the DOL), $16.00 (SIXTN), $88$ (ETY EGT), $188$ Governor based on the recommendation of the Team (HNETYEGT) and $8,888 (ETHEHEYET).
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5. Prizes: The prizes that can be won in this game are conduct of the game will be governed by 61 Pa. Code $1, $2, $4, $8, $16, $88, $188 and $8,888. The player can § 819.222 (relating to retailer bonuses and incentives). win up to four times on a ticket. 10. Unclaimed Prize Money: For a period of 1 year 6. Approximate Number of Tickets Printed For the from the announced close of Pennsylvania Crazy 8’s, prize Game: Approximately 8,160,000 tickets will be printed money from winning Pennsylvania Crazy 8’s instant for the Pennsylvania Crazy 8’s instant lottery game. lottery game tickets will be retained by the Secretary for 7. Determination of Prize Winners: payment to the persons entitled thereto. If no claim is made within 1 year of the announced close of the (a) Holders of tickets with a play symbol of 8 (EGT) in Pennsylvania Crazy 8’s instant lottery game, the right of any ‘‘Game,’’ and a prize play symbol of $8,888 a ticket holder to claim the prize represented by the (ETHEHEYET) appearing in the ‘‘Prize’’ area for that ticket, if any, will expire and the prize money will be paid ‘‘Game,’’ on a single ticket, shall be entitled to a prize of into the State Lottery Fund and used for purposes $8,888. provided for by statute. (b) Holders of tickets with a play symbol of 8 (EGT) in 11. Governing Law: In purchasing a ticket, the cus- any ‘‘Game,’’ and a prize play symbol of $188$ tomer agrees to comply with and abide by the State (HNETYEGT) appearing in the ‘‘Prize’’ area for that Lottery Law (72 P. S. §§ 3761-101—3761-314), the regula- ‘‘Game,’’ on a single ticket, shall be entitled to a prize of tions contained in 61 Pa. Code Part V (relating to State $188. Lotteries) and the provisions contained in this notice. (c) Holders of tickets with a play symbol of 8 (EGT) in 12. Termination of the Game: The Secretary may an- any ‘‘Game,’’ and a prize play symbol of $88$ (ETY EGT) nounce a termination date, after which no further tickets appearing in the ‘‘Prize’’ area for that ‘‘Game,’’ on a single from this game may be sold. The announcement will be ticket, shall be entitled to a prize of $88. disseminated through media used to advertise or promote (d) Holders of tickets with a play symbol of 8 (EGT) in Pennsylvania Crazy 8’s or through normal communica- any ‘‘Game,’’ and a prize play symbol of $16.00 (SIXTN) tions methods. appearing in the ‘‘Prize’’ area for that ‘‘Game,’’ on a single ROBERT A. JUDGE, Sr., ticket, shall be entitled to a prize of $16. Secretary (e) Holders of tickets with a play symbol of 8 (EGT) in [Pa.B. Doc. No. 99-241. Filed for public inspection February 12, 1999, 9:00 a.m.] any ‘‘Game,’’ and a prize play symbol of $8.00 (EGT DOL) appearing in the ‘‘Prize’’ area for that ‘‘Game,’’ on a single ticket, shall be entitled to a prize of $8. (f) Holders of tickets with a play symbol of 8 (EGT) in any ‘‘Game,’’ and a prize play symbol of $4.00 (FOR DOL) appearing in the ‘‘Prize’’ area for that ‘‘Game,’’ on a single DEPARTMENT OF ticket, shall be entitled to a prize of $4. (g) Holders of tickets with a play symbol of 8 (EGT) in TRANSPORTATION .00 any ‘‘Game,’’ and a prize play symbol of $2 (TWO DOL) Retention of Engineering Firms appearing in the ‘‘Prize’’ area for that ‘‘Game,’’ on a single ticket, shall be entitled to a prize of $2. Greene, Washington, Allegheny, Butler, (h) Holders of tickets with a play symbol of 8 (EGT) in Lawrence, Mercer, Crawford and Erie Counties any ‘‘Game,’’ and a prize play symbol of $1.00 (ONE DOL) Project Reference No. 08430AG2294 appearing in the ‘‘Prize’’ area for that ‘‘Game,’’ on a single The Department of Transportation will retain an engi- ticket, shall be entitled to a prize of $1. neering firm to provide supplementary construction in- 8. Number and Description of Prizes and Approximate spection staff of approximately eighteen (18) inspectors, Odds: The following table sets forth the approximate under the Department’s Inspector(s)-in-Charge for con- number of winners, amounts of prizes, and approximate struction inspection and documentation services on the odds of winning: following projects: Approximate No. of 1. S. R. 0079, Section A22, Allegheny, Lawrence, Approximate Winners Per 8,160,000 Greene, Washington, Butler, Mercer, Crawford and Erie Get Win Odds Tickets Counties Local Name: I-79 ITS from West Virginia to Erie $1 $1 1:10 816,000 This project involves variable message signs, highway $1 x 2 $2 1:21.43 380,800 advisory radio, weather monitoring systems, pavement $2 $2 1:42.86 190,400 sensors, closed circuit television cameras, detection sys- $1 x 4 $4 1:150 54,400 tems, informational kiosks and communication systems at $4 x 2 $8 1:75 108,800 various locations. $8 $8 1:100 81,600 2. S. R. 0376, Section A21, Allegheny County Local $8 x 2 $16 1:300 27,200 Name: I-376 ITS from the Squirrel Hill Tunnel to Rodi $16 $16 1:300 27,200 Road. $16 x 2 $32 1:4,800 1,700 $16 x 4 $64 1:7,059 1,156 This project involves the installation of additional ITS $88 $88 1:13,333 612 components as part of a freeway surveillance expansion. $888 $188 1:30,000 272 The Department will establish an order of ranking of a $8,888 $8,888 1:453,333 18 minimum of three (3) firms for the purpose of negotiating 9. Retailer Incentive Awards: The Lottery may conduct an Engineering Agreement based on the Department’s a separate Retailer Incentive Game for retailers who sell evaluation of the acceptable letters of interest received in Pennsylvania Crazy 8’s instant lottery game tickets. The response to this solicitation. The ranking will be estab-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 NOTICES 877 lished directly from the letters of interest. Technical The maximum reimbursement per hour of inspection proposals will not be requested prior to the establishment for each Department Payroll Classification for calendar of the ranking. year of 1999: The following factors, listed in order of importance, will Maximum Straight Time be considered by the Department during the evaluation of Reimbursement Per Hour the firms submitting letters of interest: Payroll Classification Of Inspection a. Ability to package and present the Letter of Interest (TCIS) $40.54 in accordance with the ‘‘General Requirements and Infor- (TCI) $35.47 mation’’ section. (TA) $24.39 b. Review of inspectors’ resumes with emphasis on The maximum reimbursement per hour of inspection construction inspection capabilities and specialized expe- includes all costs for providing construction inspection rience in the Maintenance and Protection of Traffic, services at the project site during the normal work week. concrete, ITS (Intelligent Transportation systems) ele- Maximum reimbursement per hour of inspection for ments and electrical systems. subsequent calendar years, if applicable, will be estab- c. Understanding of Department’s requirements, poli- lished at the scope of work meeting. cies, and specifications. The firm selected may be required to attend a pre- construction conference with the Department and the d. Past Performance. construction contractor for this project. Under the super- e. Number of NICET certified inspectors in each pay- vision and direction of the Department, the selected firm roll classification. will be required to keep records and document the construction work; prepare current and final estimates for f. Number of available inspectors in each payroll classi- payment to the construction contractor; assist the Depart- fication. ment in obtaining compliance with the labor standards, The qualifications and experience required of the firm’s safety and accident prevention, and equal opportunity inspectors will be established by the Department, and the provisions of the contract item; one (1) inspector certified qualifications of the firm’s proposed employees will be in computer documentation and perform other duties as reviewed and approved by the Department. may be required. Firms applying must have qualified personnel capable of climbing structures during painting, It is anticipated that the supplementary construction rehabilitation, or construction. inspection staff for this assignment will consist of the following number of inspectors who meet the require- The firm selected will be required to supply the follow- ments for the following inspection classifications: ing equipment at no direct cost to the Department: No. of 14 Two-Way Radios Classification Inspectors The goal for Disadvantaged Business Enterprise (DBE) Transportation Construction Ins. 2 (2) participation in this Agreement shall be fifteen percent Super. (TCIS) (NICET Highway (15%) of the total contract price. Additional information Construction Level 3 or equivalent) concerning DBE participation in this Agreement is con- tained in the General Requirements and Information Transportation Construction 12 (8) Section after the advertised project(s). Inspector (TCI) (NICET Highway Construction Level 2 or equivalent) Letters of interest for this project must include a letter, signed by the individuals you propose for all TCIS Technical Assistant (TA) (NICET 4 (0) positions, giving their approval to use their name in your Highway Construction Level 1 or letter of interest for this specific project. equivalent) The maximum number of resumes to be included in the The number(s) in parenthesis above indicate the num- letter of interest shall be as follows: ber of inspectors in each Classification that must meet at Classification No. of Resumes least one of the following requirements: TCIS 3 1. Be certified by the National Institute for Certifica- TCI 15 tion in Engineering Technologies (NICET) in the field of Transportation Engineering Technology, subfield of High- No resumes are required for the TA Classification. way Construction, or subfield of Highway Materials, at The second copy of the letter of interest and required the Level required for the Inspection Classification. forms, (see general requirements and information section shall be sent to: Mr. Raymond S. Hack, P.E., District 2. Be registered as a Professional Engineer by the Engineer, District 11-0, 45 Thoms Run Road, Bridgeville, Commonwealth of Pennsylvania with the required high- PA 15017. way experience specified for the Inspection Classification. Any technical questions concerning the requirements 3. Be certified as an Engineer-in-Training by the Com- for this project should be directed to: Mr. Bob Collins, monwealth of Pennsylvania with the required highway P.E., District 11-0 at (412) 429-4928. experience specified for the Inspection Classification. Any questions concerning the submittal of the letter of 4. Hold a Bachelor of Science Degree in Civil Engineer- interest can be directed to the Consultant Agreement ing or a Bachelor of Science Degree in Civil Engineering Division at (717) 783-9309. Technology with the required highway experience speci- Bucks and Montgomery Counties fied for the Inspection Classification. Project Reference No. 08430AG2295 5. Hold an Associate Degree in Civil Engineering Tech- The Department of Transportation will retain an engi- nology with the required highway experience specified for neering firm to perform final design and construction the Inspection Classification. consultation for the following projects:
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1. S.R. 0611, Section 04S, involving three (3) structures shall be sent to: Mr. Andrew L. Warren, District Adminis- at the following locations: Easton Road over Deep Run; trator, District 6-0, 200 Radnor-Chester Road, St. Davids, Easton Road over Tinicum Creek; and Easton Road over PA 19087. Creamery Road, in Bedminster Township, Bedminster Any technical questions concerning the requirements and Tinicum Townships, and Tinicum township respec- for this project should be directed to: Mr. Timothy R. tively in Bucks County. The estimated construction cost is O’Brien, P.E., District 6-0, at (610) 964-6526, or Ms. $600 thousand. Elaine Elbich, District 6-0, at (610) 964-6529. 2. S. R. 3020, Section 98S, involving two (2) structures, Any questions concerning the submittal of the Letter of Dannehower Bridge over Schuylkill River and a bridge Interest can be directed to the Consultant Agreement over Conrail and Parkway at Bridgeport and Norristown Division at (717) 783-9309. respectively, in Upper Merion Township in Montgomery County. The estimated construction cost is $1.2 million. General Requirements and Information These projects involve bridge deck rehabilitation includ- Firms interested in providing the above work and ing latex modified testing and overlay, parapet safety services are invited to submit two copies of a Letter of shape retrofit, replacement of expansion joints, substruc- Interest with the required information for each Project ture spall repairs, bearing repairs, and scour protection of Reference Number for which the applicant wishes to be four (4) bridges. The S. R. 0611 project length is approxi- considered. mately 4.5 kilometers (2.8 miles) and S. R. 3020 project The first copy of the Letter of Interest and required length is 1.4 kilometers (4612 feet). information must be submitted to: The selected firm will be required to provide the Mr. Charles W. Allwein, P.E., Chief following engineering and design services: surveys; road- Consultant Selection Committee way design; drainage design; pavement design; prepara- 7th Floor, Forum Place tion of cross-sections; guide rail system; erosion and 555 Walnut Street sediment control design; right-of-way investigation and P. O. box 3060 plan; structure design; sampling and testing; preparation Harrisburg, Pennsylvania 17105-3060 of traffic control, pavement marking, and signing plans; traffic signal design; utility coordination; coordination Note: The Zip Code for express Mailing is 17101-1900. with public agencies, municipal officials, and the public; The Letter of Interest and required information must preparation of final plans, specifications, and estimates; be received within twenty (20) calendar days of this shop drawing reviews; alternate design review; and con- Notice. The Deadline for receipt of a Letter of Interest at struction consultation. the above address is 4:30 p.m. prevailing time of the twentieth day. Firms that are currently serving, or are being consid- ered for selection, as municipal engineer in the municipal- The second copy of the letter of interest and required ity listed in the project description will not be considered information must be submitted to the appropriate District for this assignment. Also, firms that are under contract, Engineer/Administrator or the Bureau Director as indi- or are being considered, to provide engineering services to cated in the individual advertisement. This copy must be a land developer for a site located along the project will postmarked or delivered on or before the deadline indi- likewise not be considered for this assignment. Firms cated above. should state in the letter of interest that they are not If an individual, firm, or corporation not authorized to serving in either capacity as a municipal engineer or as a engage in the practice of engineering desires to submit a representative of a site developer. Any questions concern- Letter of Interest, said individual, firm, or corporation ing this requirement should be directed to Ms. Elaine may do so as part of a Joint Venture with an individual, Elbich, at the telephone number listed below. firm, or corporate which is permitted under the state law Letters of Interest will be evaluated at the Engineering to engage in the practice of engineering. District 6-0 office with emphasis on the following factors: If a Joint Venture responds to a project advertisement, a. Ability to package and present the Letter of Interest the Department of Transportation will not accept sepa- in accordance with the General Requirements and Infor- rate Letters of Interest from the Joint Venture constitu- mation section. ents. A firm will not be permitted to submit a Letter of Interest on more than one (1) Joint Venture for the same b. Specialized experience and technical competence of Project Reference Number. Also a firm that responds to a the firm including the firm’s experience with similar type project as a prime may not be included as a designated projects and their ability to provide innovative solutions subcontractor to another firm that responds as a prime to to complex technical problems. the project. Multiple responses under any of the foregoing c. Experience of employees to be associated with this situations will cause the rejection of all responses of the project. Particularly important are the key people as- firm or firms involved. The above does not preclude a firm signed to the project including their experience and past from being set forth as a designated subcontractor to record of performance with similar projects. more than one (1) prime responding to the project advertisement. d. Company location from District 6-0 office. If a goal for Disadvantaged Business Enterprise (DBE) e. Past performance record. participation is established for an advertised project, The District will announce the firms that have been firms expressing interest in the project must agree to shortlisted at an open public meeting scheduled for ensure that Disadvantaged Business Enterprise (DBE) March 5, 1999 at 10 a.m. in Engineering District’s 6-0’s firms as defined in the Transportation Equity Act for the small conference room. 21st century (TEA-21) and currently certified by the Department of Transportation shall have the maximum The District’s copy of the letter of interest and required opportunity to participate in any subcontracting or fur- forms (see general requirements and information section) nishing supplies or services approved under Form 442,
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Section 1.10(a). The TEA-21 requires that firms owned subconsultant or prime consultant under Item 4 unless and controlled by women (WBEs) be included, as a the total personnel are necessary to provide the required presumptive group, within the definition of Disadvan- work and services. taged Business Enterprise (DBE). The goal for DBE participation shall be as stated in the individual project The prime and each subconsultant should not include advertisement. Responding firms shall make good faith more than one page each for Items 10 and 11. efforts to meet the DBE goal using DBEs (as they are If a Disadvantaged Business Enterprise (DBE) goal is defined prior to the act, WEBs or combinations thereof). specified for the project, the DBE must be currently Proposing DBE firms must be certified at the time of certified by the Department of Transportation, and the submission of the Letter of Interest. If the selected firm name of the DBE and the work to be performed must be fails to meet the established DBE participation goal, it indicated in Item No. 6. If a Woman Business Enterprise shall be required to demonstrate its good faith efforts to (WBE) firm is substituted for the DBE, the WBE firm attain the goal. must also be presently certified by the Department of Transportation and indicated in Item 6. Responses are encouraged by small firms, Disadvan- taged Business Enterprise (DBE) firms, and other firms 5. Standard Form 254, ‘‘Architect-Engineer for Related who have not previously performed work for the Depart- Services Questionnaire’’ ment of Transportation. A Standard Form 254, not more than one (1) year old The Department requests that each Letter of Interest as of the date of this advertisement, should accompany include the following information and that the informa- each Letter of Interest for the firm, each party to a Joint tion be packaged and presented in the order indicated Venture, and for each subconsultant the firm or Joint below to facilitate the Department’s review and evalua- Venture is proposing to use for the performance of tion. professional services regardless of whether the The firm’s ability and willingness to package and subconsultant is an individual, a college professor, or a present the requested information in the above order to Company, unless an acceptable Standard Form 254 for facilitate the Department’s review and evaluation will be the prime and each subconsultant/subcontractor is on file the first factor considered in the evaluation process. in both the Bureau of Design and the Engineering Љ District Office or Central Office Bureau identified in the 1. Transmittal Letter (Maximum of two (2) 8 1/2 x 11 individual project advertisement. typed pages, one side) 2. A fact sheet that includes the project reference These Forms should be assembled with the prime’s number for each project which the applicant wishes to be form first, followed by the form for each subconsultant in considered, the firm’s legal name, fictitious name (if the same order as the subconsultants appear in Item 6 of applicable), and the firm’s federal identification number. Standard Form 255. If the project advertisement indicated the Department 6. Authorization Letters (if required) will retain an engineering firm for the project, the applicant should indicate on this fact sheet the names If the advertisement requires a letter signed by indi- and Professional Engineer License Number of Individuals viduals giving their approval to use their name in the who are directing heads or employees of the firm who Letter of Interest, the letters from proposed prime em- have responsible charge of the firm’s engineering activi- ployees should be first, followed by subconsultant employ- ties, and whose names and seals shall be stamped on all ees, in the same order as shown in Item 6 of Standard plans, specifications, plats, and reports issued by the Form 255. firm. If the project advertisement indicated the Depart- ment will retain an Land Surveying firm for the project, 7. Registration To Do Business the applicant should indicate on this fact sheet the names Firms with out-of-state headquarters or corporations and Professional Land Surveyor Registration Number of not incorporated in Pennsylvania must include, with each individuals who are directing heads or employees of the Letter of Interest, a copy of their registration to do firm who have responsible charge of the firm’s land business in the Commonwealth as provided by the De- surveying activities, and whose names and seals shall be partment of State. Firms who are not registered to do stamped on all plans, plats, and reports issued by the business in Pennsylvania at the time of this advertise- firm. ment must document that they have applied for registra- 3. Project Organizational Chart (one page, one side, tion to the Department of State, Corporation Bureau. The maximum size 11Љ x17Љ) telephone number for the Corporation Bureau is (717) 787-1057 or (717) 787-2004. This Chart should show key staff from the prime and each subconsultant and their area of responsibility. 8. Overhead Rates (one page) 4. Standard Form 255, ‘‘Architect-Engineer and Re- A single page summary should indicate the latest lated Services Questionnaire for Specific Project’’ (one audited overhead rate developed in accordance with Fed- Form 255 for the project team) eral Acquisition Regulations (FAR) for the prime consult- The Standard Form 255 should be signed, dated, and ant and each subconsultant. If a FAR rate is not avail- filled out in its entirety, including Item No. 6 listing the able, the latest rate available from a Certified Public proposed subconsultants and the type of work and service Accountant must be indicated. New firms should indicate they will perform on the project. how long the firm has been in existence and when an audited overhead rate developed in accordance with FAR Under Item 4 of this form, Column A must specify only would be available. the number of subconsultant personnel and Column B should specify only the number of prime consultant Audited overhead rate information for the prime con- personnel to be assigned to work on this project reference sultant and each subconsultant is not required for con- number. Do not include the total personnel for either the struction inspection services.
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9. Additional Information filing was received on January 14, 1999, and was made under the requirements set forth under the Business Additional information, not to exceed ten (10) one sided Corporation Law of 1988 (15 Pa.C.S. § 1 et seq.). Persons 81/2x11’’ pages or five (5) double sided 8 1/2 x 11Љ pages wishing to comment on the grounds of public or private may be included at the discretion of the submitting firm. interest to the issuance of the Department’s order approv- Letters of Interest will be rejected for the following ing this Certificate of Authority are invited to submit a reasons: written statement to the Insurance Department within 30 1. Received after the cut-off time and date specified days from the date of this issue of the Pennsylvania above. Bulletin. Each written statement must include the name, address and telephone number of the interested party, 2. Failure to identify a Disadvantaged Business Enter- identification of the application to which the statement is prise (DBE) if a DBE participation goal is identified in addressed, and a concise statement with sufficient detail the advertised project. to inform the Insurance Department of the exact basis of 3. Failure to include a copy of the registration to do the statement. Written statements should be directed to business in the Commonwealth. Cressinda E. Bybee, Insurance Company Licensing Spe- cialist, Insurance Department, 1345 Strawberry Square, The assignment of the agreement/contract for the above Harrisburg, PA 17120, (717) 787-2735. advertisement(s) will be made to one of the firms who M. DIANE KOKEN, submitted an acceptable Letter of Interest in response to Insurance Commissioner the project advertisement. The assignment will be made based on the Department’s evaluation of the firm’s quali- [Pa.B. Doc. No. 99-244. Filed for public inspection February 12, 1999, 9:00 a.m.] fication and capabilities. The Department reserves the right to reject all letters submitted, to cancel the solicita- tions requested under this Notice, and/or to readvertise solicitation for the work and services. BRADLEY L. MALLORY, Application for Merger of Two Domestic Stock Secretary Casualty Insurance Corporations [Pa.B. Doc. No. 99-242. Filed for public inspection February 12, 1999, 9:00 a.m.] Aegis Indemnity Insurance Company (Aegis Indem- nity), a stock casualty insurance company organized under the laws of the Commonwealth of Pennsylvania, has filed an application to merge with American Sentinel Insurance Company (American Sentinel), also a domestic INDEPENDENT stock casualty insurance company, with American Senti- nel surviving the merger. The filing was made under the requirements set forth under the Insurance Holding REGULATORY REVIEW Companies Act (40 P. S. § 991.1401 et seq.,) section 1957 of the Business Corporation Law, 15 Pa.C.S. § 1957, and COMMISSION the GAA Amendments Act of 1990 (15 P. S. § 21101 et Notice of Filing of Final Rulemakings seq.). Persons wishing to comment on the merger are invited to submit a written statement to the Insurance The Independent Regulatory Review Commission re- Department (Department) within 15 days from the date ceived, on the dates indicated, the following regulations of this issue of the Pennsylvania Bulletin. Each written for review. To obtain the date and time of the meeting, statement must include the name, address and telephone interested parties may contact the office of the Commis- number of the interested party, identification of the sion at (717) 783-5417. To obtain a copy of the regulation, application to which the statement is addressed, and a interested parties should contact the agency promulgating concise statement with sufficient detail and relevant facts the regulation. to inform the Department of the exact basis of the statement. Written statements should be directed to Final-Form Robert Brackbill, Company Licensing Division, Insurance Reg. No. Agency/Title Received Department, 1345 Strawberry Square, Harrisburg, PA 17120; fax (717) 787-8557; email http://www.rbrackbi@ins. 16A-577 State Board of Veterinary 1/28/99 state.pa.us. Medicine Fees JOHN R. MCGINLEY, JR., Under 15 P. S. § 21207(c) (Section 207(c) of the GAA Chairperson Amendments Act of 1990), the Department will hold a public informational meeting regarding the proposed Plan [Pa.B. Doc. No. 99-243. Filed for public inspection February 12, 1999, 9:00 a.m.] of Merger submitted by Aegis Indemnity. All policyholders and interested persons are invited to attend and partici- pate. 1. Date and Time: March 12, 1999, beginning at 9 a.m. 2. Location: Ben Franklin Conference Room, 13th INSURANCE DEPARTMENT Floor, Strawberry Square, Harrisburg, PA Application and Request for a Certificate of Au- 3. Format of Meeting: The Department and Aegis In- thority demnity will provide information about the review pro- cess and the proposed Plan of Merger. Following the UPMC Health Benefits, Incorporated has applied for a presentations by the Department and Aegis Indemnity, Certificate of Authority to operate as a stock casualty policyholders and interested persons will be invited to insurance company in this Commonwealth. The initial make comments about the proposed Plan of Merger.
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However, policyholders and interested persons in atten- days after publication of this notice in the Pennsylvania dance will not be required to make comments. Attendance Bulletin. or non-attendance at the meeting will have no effect on M. DIANE KOKEN, the terms of the policyholders’ insurance policies. The Insurance Commissioner meeting will be recorded by a court reporter, and a [Pa.B. Doc. No. 99-246. Filed for public inspection February 12, 1999, 9:00 a.m.] transcript may be purchased directly from the court reporter.
4. Legal Authority: The public informational meeting will be held under the provisions of the GAA Amendments Act of 1990 (15 P. S. § 21101 et seq.) Hartford Insurance Company of the Midwest; Homeowners Rate Filing 5. Questions Regarding the Specifics of the Plan of Merger: Questions about the Plan of Merger or questions On February 1, 1999, the Insurance Department re- about an insurance policy should be directed to Ronald ceived from Hartford Insurance Company of the Midwest Thomas, Aegis Security, Inc. (717) 657-9671. a filing for a proposed rate level changes for homeowners insurance. 6. Written Comments: Persons who are unable to at- The company requests an overall 0.8% decrease tend the public informational meeting or would prefer to amounting to $113,774 annually, to be effective June 1, submit written comments about Aegis Indemnity’s pro- 1999. posed Plan of Merger, should do so by mailing or deliver- ing a copy of the comments to Robert Brackbill, Company Unless formal administrative action is taken prior to Licensing Division, Insurance Department, 1345 Straw- April 2, 1999, the subject filing may be deemed approved berry Square, Harrisburg, PA 17120, fax (717) 787-8557, by operation of law. or by e-mail at [email protected]. Please be ad- Copies of the filing will be available for public inspec- vised that all comments received will be part of the public tion, by appointment, during normal working hours at the files regarding this proposal, and will be shared with Insurance Department’s offices in Harrisburg, Philadel- Aegis Indemnity for a response where appropriate. phia, Pittsburgh and Erie. 7. ADA Notice: If a person, due to a disability, requires Interested parties are invited to submit written com- the assistance of an auxiliary aid or services to partici- ments, suggestions or objections to Nabila Audi, Insur- pate in or attend this public informational meeting, call ance Department, Bureau of Regulation of Rates and Tracey Pontius, Director of the Bureau of Administration, Policies, Room 1311, Strawberry Square, Harrisburg, PA (717) 787-4298. If hearing impaired, call the Depart- 17120, (E-mail: [email protected]) within 30 days after publication of this notice in the Pennsylvania Bulle- ment’s TDD phone number (717) 783-3898. tin. M. DIANE KOKEN, M. DIANE KOKEN, Insurance Commissioner Insurance Commissioner [Pa.B. Doc. No. 99-245. Filed for public inspection February 12, 1999, 9:00 a.m.] [Pa.B. Doc. No. 99-247. Filed for public inspection February 12, 1999, 9:00 a.m.]
Erie Insurance Exchange; Homeowners Rules and Review Procedure Hearings; Cancellation or Re- Rate Revision; Rate Filing fusal of Insurance
On February 1, 1999 the Insurance Department re- The following insureds have requested a hearing, as authorized by the act of June 17, 1998 (P. L. 464, No. 68) ceived from Erie Insurance Exchange a filing for a rate in connection with their company’s termination of the level change for homeowners insurance. insured’s automobile policies. The hearings will be held in The company requests an overall 1.2% increase accordance with the requirements of the act; 1 Pa. Code Part II (relating to the General Rules of Administrative amounting to $1,705,000 annually, to be effective August Practice and Procedure); and 31 Pa. Code §§ 56.1—56.3 1, 1999. (relating to Special Rules of Administrative Practice and Unless formal administrative action is taken prior to Procedure). All administrative hearings are held in the Insurance Department Offices in Harrisburg, PA. Failure April 2, 1999 the subject filing may be deemed approved by the appellant to appear at the scheduled hearing may by operation of law. result in dismissal with prejudice. Copies of the filing will be available for public inspec- The hearings will be held in the Capitol Associates tion, by appointment, during normal working hours at the Building, 901 North Seventh Street, Second Floor Hear- Insurance Department’s offices in Harrisburg, Philadel- ing Room, Harrisburg, PA 17102. phia, Pittsburgh and Erie. Appeal of John M. Spang; file no. 98-181-08864; Erie Interested parties are invited to submit written com- Insurance Exchange; doc. no. P99-01-027; March 2, 1999, ments, suggestions or objections to Michael W. Burkett, at 9 a.m.; Insurance Department, Bureau of Regulation of Rates Appeal of Jizhong He; file no. 98-121-08640; State Farm and Policies, Room 1311, Strawberry Square, Harrisburg, Fire and Casualty Company; doc. no. P99-01-029; March PA 17120 (e-mail at [email protected]) within 30 2, 1999, at 11 a.m.;
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Appeal of Brian E. and Mary E. Todhunter; file no. Location: Real Estate Division, Brandywine Plaza, 2223 99-188-00161; State Farm Mutual Automobile Insurance Paxton Church Road, Harrisburg, PA 17110-9661 Company; doc. no. P99-01-031; March 2, 1999, at 1 p.m.; Contact: Willard J. Rhodes, (717) 657-4228 Appeal of Jodi A. and Leonard J. Romanczuk; file no. 99-181-00048; Nationwide Mutual Insurance Company; Lackawanna County, Wine & Spirits Shoppe #3516, 931 doc. no. P99-01-032; March 3, 1999, at 2 p.m.; South State Street, Clarks Summit, PA 18411-1755. Appeal of Pamela Mitchell; file no. 99-121-00157, Reli- Lease Expiration Date: February 29, 2000 ance National Indemnity Co.; doc. no. P99-02-001; March Lease retail commercial space to the Commonwealth of 9, 1999, at 10 a.m. Pennsylvania. Proposals are invited to provide the Penn- Parties may appear with or without counsel and offer sylvania Liquor Control Board with approximately 9,000 relevant testimony or evidence. Each party must bring to 12,000 net useable square feet of new or existing retail documents, photographs, drawings, claims files, witnesses commercial space within Clarks Summit, Clarks Green or and the like necessary to support the party’s case. A party South Abington Township. intending to offer documents or photographs into evidence Proposals due: March 1, 1999 at 12 noon shall bring enough copies for the record and for each opposing party. Department: Pennsylvania Liquor Control Board In some cases, the Commissioner may order that the Location: Real Estate Division, Brandywine Plaza, 2223 company reimburse an insured for the higher cost of Paxton Church Road, Harrisburg, PA 17110-9661 replacement insurance coverage obtained while the ap- Contact: Charles D. Mooney, (717) 657-4228 peal is pending. Reimbursement is available only when the insured is successful on appeal, and may not be Lackawanna County, Wine & Spirits Shoppe #3503, 635 ordered in all instances. If an insured wishes to seek Luzerne Street, Scranton, PA 18504-2626. reimbursement for the higher cost of replacement insur- Lease Expiration Date: January 31, 2000 ance, the insured must produce documentation at the Lease retail commercial space to the Commonwealth of hearing which will allow comparison of coverages and Pennsylvania. Proposals are invited to provide the Penn- costs between the original policy and the replacement policy. sylvania Liquor Control Board with approximately 3,500 to 4,200 net useable square feet of new or existing retail Following the hearing and receipt of the stenographic commercial space within 1.5 miles of the intersection of transcript, the Insurance Commissioner will issue a writ- Main Street and Luzerne Street, West Scranton or the ten order resolving the factual issues presented at the Eastern section of Taylor Borough. hearing and stating what remedial action, if any, is Proposals due: March 5, 1999 at 12 noon required. The Commissioner’s Order will be sent to those persons participating in the hearing or their designated Department: Pennsylvania Liquor Control Board representatives. The order of the Commissioner is subject Location: Real Estate Division, Brandywine Plaza, 2223 to judicial review by the Commonwealth Court. Paxton Church Road, Harrisburg, PA 17110-9661. Persons with a disability who wish to attend the Contact: Charles D. Mooney, (717) 657-4228 above-referenced administrative hearings, and require an auxiliary aid, service or other accommodation to partici- Lancaster County, Wine & Spirits Shoppe #3602, 252 pate in the hearing, should contact Tracey Pontius, North Queen Street, Lancaster, PA 17603-3512. Agency Coordinator at (717) 787-4298. Lease Expiration Date: January 31, 2000 M. DIANE KOKEN, Lease retail commercial space to the Commonwealth of Insurance Commissioner Pennsylvania. Proposals are invited to provide the Penn- [Pa.B. Doc. No. 99-248. Filed for public inspection February 12, 1999, 9:00 a.m.] sylvania Liquor Control Board with approximately 3,700 to 4,600 net useable square feet of new or existing retail commercial space north of King Street, south of Walnut Street, east of Prince Street and west of Queen Street. Proposals due: March 5, 1999 at 12 noon LIQUOR CONTROL BOARD Department: Pennsylvania Liquor Control Board Expiration of Leases Location: Real Estate Division, Brandywine Plaza, 2223 Paxton Church Road, Harrisburg, PA 17110-9661 The following Liquor Control Board leases will expire: Contact: Charles D. Mooney, (717) 657-4228 Berks County, Wine & Spirits Shoppe #0608, 3026 Penn Lancaster County, Wine & Spirits Shoppe #3617, East Avenue, West Lawn, PA 19609-1421. Hempfield Township. Lease Expiration Date: August 31, 1999 Lease retail commercial space to the Commonwealth of Lease retail commercial space to the Commonwealth of Pennsylvania. Proposals are invited to provide the Penn- Pennsylvania. Proposals are invited to provide the Penn- sylvania Liquor Control Board with approximately 3,000 sylvania Liquor Control Board with approximately 3,200 to 4,000 net useable square feet of new or existing retail net useable square feet of new or existing retail commer- commercial space within the eastern section of East cial space on Route 422, within approximately 1 mile of Hempfield Township along Rohrerstown Road or West the intersection of Krick Lane, South Heidelberg Town- Lincoln Highway. ship. Proposals due: March 5, 1999 at 12 noon Proposals due: March 5, 1999 at 12 noon Department: Pennsylvania Liquor Control Board Department: Pennsylvania Liquor Control Board Location: Real Estate Division, Brandywine Plaza, 2223
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Paxton Church Road, Harrisburg, PA 17110-9661 from points in the city and county of Philadelphia, to Contact: Charles D. Mooney, (717) 657-4228 points in the counties of Bucks, Delaware and Montgom- ery, and return. JOHN E. JONES, III, Chairperson A-00115575. Rescue Hose and Ladder Company [Pa.B. Doc. No. 99-249. Filed for public inspection February 12, 1999, 9:00 a.m.] (408-410 Filbert Street, Curwensville, Clearfield County, PA 16833), a corporation of the Commonwealth of Penn- sylvania—persons in paratransit service, between points in Clearfield County, and from points in said county, to points in Pennsylvania, and return. Applications of the following for approval of the PENNSYLVANIA PUBLIC beginning of the exercise of the right and privi- lege of operating motor of operating motor ve- UTILITY COMMISSION hicles as common carriers for the transportation of persons by transfer of rights as described Certificate of Public Convenience under each application. Without Hearing A-00115578. Pessognelli, Inc., t/d/b/a Club Limo (3665 Stone Ridge Road, York, York County, PA 17402), a A-121850F0011. National Fuel Gas Distribution corporation of the Commonwealth of Pennsylvania— Corporation. Application of National Fuel Gas Distribu- persons in limousine service, between points in the tion Corporation, for a Certificate of Public Convenience counties of Cumberland and Dauphin, the boroughs of evidencing the Commission’s Approval of the Acquisition Dillsburg and Franklintown, and the townships of of an Office Building and Later Transfer by Sale of an Franklin, Carroll, Monaghan and Fairview, York County, Office Building and Associated Land or, in the alterna- and from points in said area, to points in Pennsylvania, tive, an order that no approval is required. and return; subject to the following condition: that no This application may be considered without a hearing. right, power or privilege is granted to provide service to Protests or petitions to intervene can be filed with the or from the Harrisburg International Airport in the Pennsylvania Public Utility Commission, P. O. Box 3265, township of Lower Swatara, Dauphin County; which is to Harrisburg, PA 17105-3265, with a copy served on the be a transfer of all of the rights authorized under the applicant on or before March 1, 1999, under 52 Pa. Code certificate issued at A-00110948 to Designated Driver, (relating to public utilities). Inc., subject to the same limitations and conditions. Attorney: Craig A. Doll, 214 State Street, Harrisburg, PA Applicant: National Fuel Gas Distribution Corporation 17101. Through and By Counsel: Michael W. Gang, John H. A-00115577 Gold Cross Ambulance Service of PA, Isom, Morgan, Lewis & Bockius LLP, 417 Walnut Street, Inc. t/d/b/a Rural Metro Ambulance (19 Spring Street, Harrisburg, Pa. 17101-1904 Struthers, Ohio 44471), a corporation of the state of JAMES J. MCNULTY, Ohio—persons in paratransit service, between points in Secretary Mercer County, and from points in said county, to points in Pennsylvania, and return; which is to be a transfer of [Pa.B. Doc. No. 99-250. Filed for public inspection February 12, 1999, 9:00 a.m.] all of the rights authorized under the certificate issued at A-00107205, F. 2 to Gold Cross Limousine of Pa., Inc., subject to the same limitations and conditions. At- torney: John A. Pillar, 1106 Frick Building, Pittsburgh, PA 15219. Service of Notice of Motor Carrier Applications Applications of the following for approval amend- The following temporary authority and/or permanent ment of the right and privilege of operating motor authority applications for the right to render service as a vehicles as common carriers for the transporta- common carrier or contract carrier in this Commonwealth tion of persons by transfer of rights as described have been filed with the Pennsylvania Public Utility under each application. Commission. Publication of this notice shall be considered A-00086452, Folder 2, Am-I. The Snyder Brothers as sufficient notice to all carriers holding authority from Moving, Inc., t/d/b/a George Transportation Com- this Commission. Applications will be considered without pany (729 West New Castle Street, Zelienople, Butler hearing in the absence of protests to the application. County, PA 16063), a corporation of the Commonwealth of Protests to the applications published herein are due on Pennsylvania—inter alia—household goods in use, be- or before March 8, 1999, as set forth at 52 Pa. Code tween points in the county of Butler: so as to permit the § 3.381 (relating to applications for transportation of transportation of household goods in use: (1) between property and persons). The protest shall also indicate points in the city of Monongahela, Washington whether it applies to the temporary authority application County,and within 5 miles by the usually traveled high- or the permanent application or both. ways of said city; (2) between points in the borough of Applications of the following for approval of the Donora, Washington County, and within 3 miles of the beginning of the exercise of the right and privi- limits of said borough; (3) from points in the borough of lege of operating as common carriers for trans- Donora, Washington County, and within 15 miles by the portation of persons as described under each usually traveled highways of the limits of said borough, to application. other points in Pennsylvania, and vice versa; and (4) from points in the city of Monongahela, Washington County, A-00115576. Melvin Ragland, t/d/b/a Ragland E-Z and within an airline distance of 5 miles of the limits of Tours (1721 North 55th Street, Philadelphia, Philadel- the city hall in the city of Monongahela, to points within phia County, PA 19131)—persons in paratransit service, an airline distance of 25 miles of the city hall in the city
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 884 NOTICES of Monongahela, and vice versa; which is to be a transfer Water Service of part of the rights authorized under the certificate issued at A-00101130, F. 1, Am-B to Tara Trucking, Inc., a Without Hearing corporation of the Commonwealth of Pennsylvania, sub- ject to the same limitations and conditions. At- A-120007F0004 and A-210850F2000. Nido’s Ltd., torney: John A. Pillar, 1106 Frick Building, Pittsburgh, Inc. Application of Nido’s Ltd., Inc., for (1) approval of PA 15219. the transfer of all the property and rights of Emlenton Applications of the following for amendment to the Water Company to Nido’s Ltd., Inc., docketed at certificate of public convenience approving the A-120007F0004; and (2) for the approval of the abandon- operation of motor vehicles as common carriers ment of water service to the public in the Commonwealth for transportation of persons as described under of Pennsylvania by Emlenton Water Company, docketed each application. at A-210850F2000. A-00114508, Folder 1 Am-B. Fancee Limousine This application may be considered without a hearing. Service, Inc. (3955 Drybrook Road, Falconer, Protests or petitions to intervene can be filed with the Chautauqua County, New York 14733), a corporation of the state of New York—persons in limousine service Pennsylvania Public Utility Commission, P. O. Box 3265, between points in the counties of Warren and Erie, and Harrisburg, PA 17105-3265, with a copy served on the from points in said counties, to points in Pennsylvania, applicant on or before March 1, 1999, under 52 Pa. Code and return: so as to permit the transportation of persons (relating to public utilities). in limousine service, between points in McKean County, and from points in said county, to points in Pennsylvania, Applicants: Nido’s Ltd., Inc. and Emlenton Water Com- and return. pany JAMES J. MCNULTY, Through and By Counsel: Bruno A. Muscatello, Esquire Secretary and John M. Biondi, Esquire, Stepanian & Muscatello, [Pa.B. Doc. No. 99-251. Filed for public inspection February 12, 1999, 9:00 a.m.] 228 South Main Street, Butler, PA 16001. JAMES J. MCNULTY, Secretary [Pa.B. Doc. No. 99-253. Filed for public inspection February 12, 1999, 9:00 a.m.] Telecommunications A-310785. Bell Atlantic-Pennsylvania, Inc. and Globaline Telecommunications, Inc. Joint Petition of Bell Atlantic-Pennsylvania, Inc. and Globaline Telecom- munications, Inc., for approval of a Resale Agreement STATE POLICE under section 252(e) of the Telecommunications Act of 1996. Meeting Notice Bell Atlantic-Pennsylvania, Inc. and Globaline Telecom- munications, Inc., by its counsel, filed on January 26, The State Police will be hosting a Discovery Day at the 1999, at the Pennsylvania Public Utility Commission Sheraton Inn Harrisburg, 800 East Park Drive, Harris- (Commission), a Joint Petition for approval of a Resale burg, PA on February 26, 1999, from 9 a.m. to 4 p.m. The Agreement under sections 251 and 252 of the Telecommu- purpose of Discovery Day is to introduce the Criminal nications Act of 1996. Investigative Traffic Safety Incident Information Manage- Interested parties may file comments concerning the ment System (IIMS) project to the vendor community. petition and agreement with the Secretary, Pennsylvania The State Police will present the scope of the project, Public Utility Commission, P. O. Box 3265, Harrisburg, provide a forum for open discussion regarding the project PA 17105-3265. Comments are due on or before 20 days and present the revolutionary approach that will be used after the date of publication of this notice. Copies of the to procure IIMS. Those vendors wishing to attend must Bell Atlantic-Pennsylvania, Inc. and Globaline Telecom- RSVP by February 19, 1999, by registering on the State munications, Inc., Joint Petition are on file with the Police IIMS web site at http://www.psp.state.pa.us or by Commission and are available for public inspection. calling Ron Wilt, IIMS Project Manager, at (717) 783- The contact person is Cheryl Walker Davis, Director, 5611. Attendance will be limited to two representatives Office of Special Assistants, (717) 787-1827. per company. JAMES J. MCNULTY, PAUL J. EVANKO, Secretary Commissioner [Pa.B. Doc. No. 99-252. Filed for public inspection February 12, 1999, 9:00 a.m.] [Pa.B. Doc. No. 99-254. Filed for public inspection February 12, 1999, 9:00 a.m.]
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 NOTICES 885
payable to the Pennsylvania Turnpike Commission, Atten- TURNPIKE COMMISSION tion: Secretary-Treasurer’s Office, P. O. Box 67676, Har- risburg, PA 17106-7676. No refund for any reason will be Request for Proposals made for plans, specifications and contract documents. Sealed proposals will be received by Jeffrey L. Hess, A Prequalification Certification and Maximum Capacity Purchasing Manager, at the Administration Building, Rating assigned by the Prequalification Committee of the Harrisburg-East Interchange near Highspire, PA (Mailing Pennsylvania Department of Transportation is a neces- Address: P. O. Box 67676, Harrisburg, PA 17106-7676) sary prerequisite for bidding on this project. and publicly opened and read at the date and time A nonmandatory prebid meeting for the project under indicated for the following contract: the direction of the engineer is scheduled for February 24, Contract No. 98-013-RU83—Rock cut slope remedia- 1999, at 10 a.m., at the Turnpike Commission’s Eastern tion between M. P. 31.60 and 31.81 WB and between M. P. Regional Office, (610) 279-1645. This office is located at 33.91 and 34.13 WB and EB on the PA Turnpike System 251 Flint Hill Road, King of Prussia, PA 19406-2637. in Allegheny County, PA Direct questions for this project to Brian M. Ranck, Bid Opening Date—March 4, 1999, 11 a.m. P.E., (717) 939-9551, Ext. 3630, fax (717) 986-8742 or Bid Surety—5% e-mail at [email protected]. Contact the Purchasing Manager for a listing of other Plans, specifications and contract documents will be locations where plans and specs can be inspected. available and open for public inspection at the Adminis- tration Building. Copies may be purchased upon payment JAMES F. MALONE, III, of $25 per set by check or P. O. Money Order (No Cash) Chairperson payable to the Pennsylvania Turnpike Commission, [Pa.B. Doc. No. 99-256. Filed for public inspection February 12, 1999, 9:00 a.m.] Attention: Secretary-Treasurer’s Office, P. O. Box 67676, Harrisburg, PA 17106-7676. No refund for any reason will be made for plans, specifications and contract documents. A Prequalification Certification and Maximum Capacity Rating assigned by the Prequalification Committee of the Request for Proposals; Retention of a Consultant Pennsylvania Department of Transportation is a neces- sary prerequisite for bidding on this project. Reference No. 146-013 Direct all questions on this project to Kristi Dunleavy, The Turnpike Commission (Commission) will consider (717) 939-9551, Ext. 5785, fax (717) 986-9645 or e-mail entering into a consulting agreement with a firm quali- [email protected]. fied to develop a long-range plan for the Commission’s service plaza operations. The selected firm will be ex- Contact the Purchasing Manager for a listing of other pected to perform customer and market research and locations where plans and specs can be inspected. conduct traffic studies with respect to service plaza JAMES F. MALONE, III, operations. The firm will also be required to investigate Chairperson real estate development opportunities as they may relate [Pa.B. Doc. No. 99-255. Filed for public inspection February 12, 1999, 9:00 a.m.] to service plazas. The Commission will expect the selected firm to make recommendations regarding the future location and conceptual nature of service plazas and how the Commission can best serve the needs of its customers in the coming years. The Commission will consider pro- posals from all qualified firms for the preparation of the Request for Proposals long-range plan. Sealed proposals will be received by Jeffrey L. Hess, All interested parties will attend a mandatory meeting Purchasing Manager, at the Administration Building, scheduled for 11 a.m., March 19, 1999, at the Turnpike Harrisburg-East Interchange near Highspire, PA (Mailing Commission offices in the Days Inn, located at Exit 19 of Address: P. O. Box 67676, Harrisburg, PA 17106-7676) the Turnpike and Rt. 283 and Eisenhower Boulevard in and publicly opened and read at the date and time Highspire, PA. Proposals will not be accepted or consid- indicated for the following contract: ered from parties who fail to attend this meeting. Contract No. 97-021-RM41—Rehabilitation and Firms interested in receiving a copy of the Request for bridge deck replacement for the Pennsylvania Deck Truss Proposals (RFP) should call the bid clerk at (717) 939- Spans of the Delaware River Bridge, M. P. 359.00 9551, Ext. 2830, or send written requests to Jeffrey Hess, Turnpike Commission, P. O. Box 67676, Harrisburg, PA Bid Opening Date—March 17, 1999, 11 a.m. 17106. Bid Surety—5% JAMES F. MALONE, III, Plans, specifications and contract documents will be Chairperson available and open for public inspection at the Adminis- [Pa.B. Doc. No. 99-257. Filed for public inspection February 12, 1999, 9:00 a.m.] tration Building. Copies may be purchased upon payment of $35 per set by check or P. O. Money Order (No Cash)
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 886 STATE CONTRACTS INFORMATION DEPARTMENT OF GENERAL SERVICES Notices of invitations for bids and requests for proposals on State contracts for services and commodities for which the bid amount is reasonably expected to be over $10,000, are published in the State Contracts Information Section of the Pennsylvania Bulletin prior to bid opening date. Information in this publication is intended only as notification to its subscribers of available bidding and contracting opportunities, and is furnished through the Department of General Services, Vendor Information and Support Division. No action can be taken by any subscriber or any other person, and the Commonwealth of Pennsylvania is not liable to any subscriber or any other person, for any damages or any other costs incurred in connection with the utilization of, or any other reliance upon, any information in the State Contracts Information Section of the Pennsylvania Bulletin. Interested persons are encouraged to call the contact telephone number listed for the particular solicitation for current, more detailed information. EFFECTIVE JULY 1, 1985, A VENDOR’S FEDERAL IDENTIFICATION NUMBER (NUMBER ASSIGNED WHEN FILING INCOME TAX DOCUMENTS) OR SOCIAL SECURITY NUMBER IF VENDOR IS AN INDIVIDUAL, MUST BE ON ALL CONTRACTS, DOCUMENTS AND INVOICES SUBMITTED TO THE COMMONWEALTH.
Act 266 of 1982 provides for the payment of interest penalties on certain invoices of ‘‘qualified small business concerns’’. A qualified small business concern is an independently owned, operated for profit, business employing 100 or fewer employes and is not a subsidiary or affiliate of a corporation otherwise not qualified. Such penalties apply to invoices for goods or services when payments are not made by the required payment date or within a 15 day grace period thereafter. The small business concern must include on every invoice submitted to the Commonwealth: ‘‘(name of vendor) is a qualified small business concern as defined at 4 Pa. Code § 2.32’’. For information on the required payment date and annual interest rate, please call the Pennsylvania Department of Commerce, Small Business Action Center, 483 Forum Building, 783-5700.
Reader’s Guide REQUIRED DATA DESCRIPTIONS ࠗ1 Service Code Identification Number: There are currently 39 state service Legal Services & Consultation—26 and contractural codes. See descrip- tion of legend. ࠗ2 Commodity/Supply or Contract Iden- tification No.: When given, number should be referenced when inquiring of contract of Purchase Requisition. ࠗ1 Service Code Identification Number If more than one number is given, each number represents an addi- ࠗ2 Commodity/Supply or tional contract. Contract Identification No. ࠗ3 Contract Information: Additional in- formation for bid preparation may be B-54137. Consultant to provide three 2-day training sessions, covering obtained through the departmental the principles, concepts, and techniques of performance appraisal and contracting official. standard setting with emphasis on performance and accountability, with a knowledge of State Government constraints. ࠗ4 Department: State Department or Department: General Services Agency initiating request for adver- ࠗ3 Contract tisement. Location: Harrisburg, Pa. Information Duration: 12/1/93-12/30/93 ࠗ5 Location: Area where contract perfor- Contact: Procurement Division mance will be executed. ࠗ4 Department 787-0000 ࠗ6 Duration: Time estimate for perfor- mance and/or execution of contract. ࠗ7 ࠗ5 Location ࠗ7 Contact: (For services) State Depart- (For Commodities: Contact:) ment or Agency where vendor inquir- ies are to be made. Vendor Services Section ࠗ6 Duration 717-787-2199 or 717-787-4705 (For commodities) Vendor Services Section (717) 787-2199 or (717) 787-4705
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 STATE CONTRACTS INFORMATION 887
GET A STEP AHEAD IN COMPETING FOR A STATE CONTRACT! The Treasury Department’s Bureau of Contracts and Public Records can help you do business with state government agencies. Our efforts focus on guiding the business community through the maze of state government offices. The bureau is, by law, the central repository for all state contracts over $5,000. Bureau personnel can supply descriptions of contracts, names of previous bidders, pricing breakdowns and other information to help you submit a successful bid on a contract. We will direct you to the appropriate person and agency looking for your product or service to get you ‘‘A Step Ahead.’’ Services are free except the cost of photocopying contracts or dubbing a computer diskette with a list of current contracts on the database. A free brochure, ‘‘Frequently Asked Questions About State Contracts,’’ explains how to take advantage of the bureau’s services. Contact: Bureau of Contracts and Public Records Pennsylvania State Treasury Room G13 Finance Building Harrisburg, PA 17120 717-787-2990 1-800-252-4700 BARBARA HAFER, State Treasurer
Online Subscriptions At http://www.statecontracts.com 1-800-334-1429 x340
1467308 Motor vehicles, trailers and cycles—1 each 1999 model 15 passenger van wagon Class III, Type 5. Department: Erie Maritime Museum Location: Erie, Erie County, PA Duration: FY 98—99 Contact: Vendor Services, fax request to (717) 787-0725 or call (717) 787-2199
1497158 Paper and printing—10,800 Mpages 1999 Commonwealth telephone directory. Department: General Services Commodities Location: Harrisburg, Dauphin County, PA Duration: FY 98—99 Contact: Vendor Services, fax request to (717) 787-0725 or call (717) 787-2199
8104360 Photographic equipment—1 each Precision aerial camera system. Department: Transportation Location: Harrisburg, Dauphin County, PA Duration: FY 98—99 Contact: Vendor Services, fax request to (717) 787-0725 or call (717) 787-2199
1438388 Agricultural supplies—17,050 each tree shelters. 1513118 Prefab structures and scaffolding—1 each pole shed 60Ј x 120Ј x10Ј. Department: Conservation and Natural Resources Department: Correctional Industries Location: Bureau of Forestry, Harrisburg, Dauphin County, PA Location: Huntingdon, Huntingdon County, PA Duration: FY 98—99 Duration: FY 98—99 Contact: Vendor Services, fax request to (717) 787-0725 or call (717) 787-2199 Contact: Vendor Services, fax request to (717) 787-0725 or call (717) 787-2199
1522118 Construction and building materials—1 lot F and I furnish and install 1536188 Promotional items—1,500 each illuminated signs size 16Љ Hx20Љ W molded NAPCO Premium 3000 or Simonton Reflection 5500 double hung replacement windows high density polyethylene 4.5Љ deep custom colored matched to PMS-354-C green. w/Secure Vue or Keep Safe security glass. Department: Revenue Department: Corrections Location: Middletown, Dauphin County, PA Location: Cresson, Cambria County, PA Duration: FY 98—99 Duration: FY 98—99 Contact: Vendor Services, fax request to (717) 787-0725 or call (717) 787-2199 Contact: Vendor Services, fax request to (717) 787-0725 or call (717) 787-2199 1503078 Refrigerator and air conditioning equipment—1,200 each smoke detectors, 8504840 Construction and building materials—1 each box precast concrete box culvert. ionization model with nonremovable lithium battery operated with alarm silencer Department: Transportation ‘‘Hush’’ button. Location: Kittanning, Armstrong County, PA Department: Health Duration: FY 98—99 Location: Harrisburg, Dauphin County, PA Contact: Vendor Services, fax request to (717) 787-0725 or call (717) 787-2199 Duration: FY 98—99 1396118 Food preparation and serving equipment—1 each tilt bowl mixer—similar to Contact: Vendor Services, fax request to (717) 787-0725 or call (717) 787-2199 Peerless Model HS-8 heavy duty or an approved equal. 8211750 Service and trade equipment—1 each furnish and deliver a squeeze roll Department: Corrections applicator Walco Model 820, Contech Model SRA 1000. Location: Huntingdon, Huntingdon County, PA Department: Transportation Duration: FY 98—99 Location: Harrisburg, Dauphin County, PA Contact: Vendor Services, fax request to (717) 787-0725 or call (717) 787-2199 Duration: FY 98—99 1456118 Food preparation and serving equipment—1 each combi-oven/steamer Ratio- Contact: Vendor Services, fax request to (717) 787-0725 or call (717) 787-2199 nal Model COS-20E by Blodgett or equal. 73200-98-17 Textiles—Canvas 100% cotton, numbered duck, heavy 2/0 natural mini- Department: Corrections mum weight 31.90 oz/sq. yd., untreated. Location: Bellefonte, Centre County, PA Department: Correctional Industries Duration: FY 98—99 Location: Dallas, Luzerne County, PA Contact: Vendor Services, fax request to (717) 787-0725 or call (717) 787-2199 Duration: FY 98—99 1465218 Food preparation and serving equipment—1 each Vulcan steam convection Contact: State Correctional Institution Dallas, Joseph P. Kanjorski, (570) steamer Model VS3616R, two compartment 16 pan regenerated steam convection 773-2158 Ext. 560 steamer on 36Љ base. 4710-3000-000 Electrical—Electrical conduit—galvanized conduit, EMT conduit liquid Department: Public Welfare tight flexible nonmetallic conduit. Location: White Haven, Luzerne County, PA Department: Corrections Duration: FY 98—99 Location: Quehanna Boot Camp, Karthaus, Clearfield County, PA Contact: Vendor Services, fax request to (717) 787-0725 or call (717) 787-2199 Duration: FY 98—99 1455218 Motor vehicles, trailers and cycles—1 each 1999 model converted wheelchair/ Contact: Quehanna Boot Camp, Janine E. Packard, (814) 765-0644, ext. 234 passenger van. Department: Public Welfare Location: White Haven Center, White Haven, Luzerne County, PA Duration: FY 98—99 Contact: Vendor Services, fax request to (717) 787-0725 or call (717) 787-2199
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3510-0120-000 Service and trade equipment—Contractor to provide washers and PAT-24 Tools—Miscellaneous tools, that is pliers, hammers, wrenches, tool boxes, and dryers. the like. Department: Corrections Department: State Police Location: Albion, Erie County, PA Location: Harrisburg, Dauphin County, PA Duration: FY 98—99 Duration: FY 98—99 Contact: State Correctional Institution Albion, Lesley S. Jarrett, (814) 756- Contact: State Police, Robert D. Stare, (717) 783-5485 5778 70000-98-9 Upholstery material—Upholstery material 100% polyester width 66Љ FIRE-66 Clothing and individual equipment—Boots, Red Wing shoes Model No. 8220 weight 18.6 oz. per linear yard, Berwick pattern. or approved equal. Department: Correctional Industries Department: State Police Location: Frackville, Schuylkill County, PA Location: Harrisburg, Dauphin County, PA Duration: FY 98—99 Duration: FY 98—99 Contact: State Correctional Institution Mahanoy, Joseph P. Kanjorski, (570) Contact: State Police, Robert D. Stare, (717) 783-5485 773-2158, Ext. 560 SERVICES
SP-260009 Provide all labor, parts, materials, tools, supervision and transportation necessary to perform preventive maintenance inspections once a year and repairs when requested by the PLCB on 97 Burle closed circuit television surveillance systems located in various Wine & Spirits Shoppes throughout Bucks, Chester, Delaware, Montgomery and Philadelphia County. Department: Liquor Control Board Location: See Above Duration: One (1) year with the right to renew for three additional 1-year periods Agricultural Services—02 Contact: Betty J. Goodling, (717) 787-6360
23-60003029 Provide fish feed used in a Statewide fish culture program during the period April 1 through June 30, 1999. Fish feed products purchased in bulk and Computer Related Services—08 bagged quantities only from vendors who have had their products tested and accepted by the Fish and Boat Commission. Department: Fish and Boat Commission Location: Statewide to various fish culture stations as requested Duration: April 1, 1999—June 30, 1999 Contact: Dennis C. Ricker, (814) 359-5141
98-CI005 Fertilizers—phosphate monoammonium, 75% urea, 25% ammonium sulfate. Bulk corn starter monoammonium phosphate. To be used on 2,200 acres at State Correctional Institution Rockview. Vendor also to supply Tyler spread from March 1 to 1881810003 The Commonwealth of Pennsylvania, Department of Revenue, Bureau of June 30, 1999. Imaging and Document Management desires to engage vendor services to provide data Department: Corrections entry and key verification of Pennsylvania State Income Tax records, bid proposals to Location: Correctional Industries, State Correctional Institution Rockview, be submitted for PA-41 (Long Form) clean and establish, price per thousand, and Bellefonte, PA PA-65 (Long Form) clean and establish, price per thousand records. Prices and daily Duration: 1—3 years production volumes must be stated in terms of 900 character records and firm for the Contact: MaryAnn Ulrich, (717) 731-7134 period of April 1, 1999 to December 31, 1999 during the initial contract period. Records are to be recorded on 9 track 1600 B.P.I. magnetic tape. One contract will be awarded. Department: Revenue Location: 1854 Brookwood Street, Harrisburg, PA 17104 Duration: April 1, 1999 to December 31, 1999 Contact: William A. Lupp, (717) 772-5465
ESU 405-99 INT Internet access. East Stroudsburg University is accepting requests for bids on Request for Proposal (RFP) number ESU 405-99-INT. Vendor to supply Internet service to the University for users both on and off campus. Three speeds are being requested: higher speed: minimum of 257K 9 cable modem, ASDL, satellite, Audio/Video—04 wireless. Medium speed: Minimum of 57.0K to 256K digital modem. Lower speed: Minimum of 28.8K—56K analog modem. Fax bid requests or questions to Ann Zaffuto at (717) 422-3777. All responsible firms are invited to participate including MBE/WBE. Department: State System of Higher Education Location: East Stroudsburg University, East Stroudsburg, PA 18301-2979 Duration: 3 years Contact: Ann Zaffuto, Contracts Manager, (570) 422-3595
SU-41000 Pharos Uniprint software to include installation, training and support. Bid 999-3500-000 Contractor shall supply all service and technical support for Fujitsu due date will be February 22, 1999 by 4 p.m. Bid opening will be held at 2 p.m. on 9600 PBX telephone system with battery back-up. Contract term (approximate): April February 23, 1999. Vendors interested in receiving a bid package should fax their through May (12 months). request to Janet Neidigh, Purchasing Agent, at (717) 532-1350. Department: Corrections Department: State System of Higher Education Location: State Correctional Institution Houtzdale, State Route 2007, P. O. Box Location: Shippensburg University, Shippensburg Township, Shippensburg, 1000, Houtzdale, PA 16698-1000 Cumberland County, PA Duration: Twelve (12) months—approximate from April—May Duration: Indeterminate 1998—99 Contact: Diane K. Davis, (814) 378-1006 Contact: Janet Neidigh, (717) 532-1386
L&I 1-99 Multimedia projector. 2 each Infocus Lite Pro or equivalent: XGA multimedia projector—ultra portable—two sources. 1 for computer, 1 for full motion video—2 each hard carry cases w/wheels and handle. Department: Labor and Industry Location: Labor Law Compliance, 7th and Forster Streets, Room 1301, Harris- burg, PA 17120 Duration: One time purchase Contact: Edward McNamee, (717) 787-4670
Sec. 03-99 Vendor to provide maintenance and repair services, as needed, to the State Correctional Institution Graterford for all two way radio equipment—mobile, portable and stationary units. Department: Corrections Location: State Correctional Institution Graterford, Box 246, Route 29, Graterford, PA 19426 Duration: 3 years Contact: Kelly Richardson, Purchasing Agent II, (610) 489-4151
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DGS A 552-73 Project title: Roof Repair/Replace. Brief description: Remove aged shingle roofing from Building No. 2 Southside Dining Rooms. Replace with new 30 year fiberglass-asphalt shingles and related flashing. Estimated range: under $100,000. General construction. Plans deposit: $25 per set. Payable to: The Common- wealth of Pennsylvania. Refundable upon return of plans and specifications in reusable condition as construction documents within 15 days after the bid opening date. The bidder is responsible for the cost of delivery of the plans and specifications. Contact the office listed below to arrange for delivery of documents. A separate check must be submitted to cover the cost of delivery. Mail a separate check for $5.00 per set or Construction and Construction Maintenance—09 provide your express mail account number to the office listed below. Mail requests to: The Department of General Services, Room 107, Headquarters Building, 18th and Herr Streets, Harrisburg, PA 17125, (717) 787-3923. Bid date: Wednesday, February 24, 1999 at 11 a.m. Department: General Services Location: Polk Center, Polk, Venango County, PA Duration: 120 calendar days from date of initial job conference Contact: Contract Bidding Unit, (717) 787-6556
8067000200 Furnish all labor, materials, equipment, tools and supervision to install a DGS A 590-37 Project title: Replace 15 KV Feeders No. 1 and No. 2. Brief description: 50Ј wide by 159Ј long by 16Ј high pole building at the Embreeville Center. To receive Replace existing 15 KV aluminum feeders with new EPR copper feeders. Estimated specifications, submit fax request to Beverly O. Epting, Hamburg Center, Hamburg, PA range: $100,000 to $500,000. Electrical construction. Plans deposit: $25 per set. 19526, fax (610) 562-6025. Payable to: The Commonwealth of Pennsylvania. Refundable upon return of plans and Department: Public Welfare specifications in reusable condition as construction documents within 15 days after the Location: Embreeville Center, Coatesville, PA 19320 bid opening date. The bidder is responsible for the cost of delivery of the plans and Duration: 90 days from effective date of contract specifications. Contact the office listed to arrange for delivery of documents. A separate Contact: Beverly O. Epting, (610) 562-6031 check must be submitted to cover the cost of delivery. Mail a separate check for $5 per set or provide your express mail account number to the office listed. Mail requests to: DGS 184-23 Phase 2, Unit 1 Project title: Flood Control Project on Mill Creek. Brief The Department of General Services, Room 107, Headquarters Building, 18th and description: Construction of a debris basin, 6,340 linear feet of concrete channel, a Herr Streets, Harrisburg, PA 17125, (717) 787-3923. Bid date: Wednesday, February pedestrian bridge, three concrete culverts, a steel plate liner tunnel, bulkhead 24, 1999 at 1 p.m. A prebid conference has been scheduled for Wednesday, February structures for access to the channel and drainage structures. Estimated range— 10, 1999 at 1:30 p.m. in the Administration Building No. 1 on the Second Floor in the $5,000,000 to $10,000,000. General construction. Plans deposit: $50 per set. Payable to: Conference Room at the Youth Development Center, Bensalem, PA. Contact: Harford Department of Environmental Protection. Refundable upon return of plans and Williams, (215) 953-6581. All contractors who have secured contract documents are specifications in reusable condition as construction documents within 15 days after the invited and urged to attend this prebid conference. bid opening date. The bidder is responsible for the cost of delivery of the plans and Department: General Services specifications. Contact the office listed to arrange for delivery of documents. Mail Location: Youth Development Center, Bensalem, Bucks County, PA requests to: Department of Environmental Protection, Construction Contracts Section, Duration: 200 calendar days from date of initial job conference P. O. Box 8452, Harrisburg, PA 17105-8452, (717) 783-7929. Bid date: Wednesday, Contact: Contract Bidding Unit, (717) 787-6556 March 10, 1999 at 1 p.m. A prebid conference has been scheduled for Wednesday, February 24, 1999 at 10 a.m. at Avoca Borough Community Center, 800 Main Street, DGS 946-2 Phase 9 Project title: Annex Plaza, Landscaping and Exterior Work. Brief Avoca, PA. Contact person: Paul Ebright, (717) 783-7929. All contractors who have description: Remove existing landscaping material around the perimeter of the secured contract documents are invited and urged to attend this prebid conference. building and plant new trees, shrubs and ground cover with an integrated irrigation Department: General Services system. Remove existing concrete pavement and sub-base at the front entrance and Location: Flood Control Project on Mill Creek, Borough of Avoca, Luzerne replace with new granite pavers supported by a new concrete support slab, frost walls County, PA and granite curbs. Patch, repair and replace existing damaged work. Estimated range: Duration: 530 or 600 calendar days from date of initial job conference, $100,000 to $500,000. General construction. Plans deposit: $55 per set. Payable to: depending on which of these two time periods is selected for award Vitetta Group. Refundable upon return of plans and specifications in reusable Contact: Contract Bidding Unit, (717) 787-6556 condition as construction documents within 15 days after the bid opening date. The bidder is responsible for the cost of delivery of the plans and specifications. Contact the DGS 404-55 Project title: Renovation of Harvey Hall. Brief description: The work office listed to arrange for delivery of documents. A separate check must be submitted consists of exterior and interior renovations and site work to the existing two story to cover the cost of delivery. Mail requests to: Vitetta Group, 642 North Broad Street, Harvey Hall Building, including general, HVAC, plumbing and electrical construction. Philadelphia, PA 19130, (215) 235-3500. Bid date: Wednesday, February 24, 1999 at 2 Hazardous materials abatement will be required as part of the general construction. p.m. Estimated range: $2,000,000 to $5,000,000. General, HVAC, plumbing and electrical Department: General Services construction. Plans deposit: $150 per set. Payable to: Foreman Architects/Engineers. Location: Capitol Annex Building, Harrisburg, Dauphin County, PA Refundable upon return of plans and specifications in reusable condition as construc- Duration: 125 calendar days from date of initial job conference tion documents within 15 days after the bid opening date. The bidder is responsible for Contact: Contract Bidding Unit, (717) 787-6556 the cost of delivery of the plans and specifications. Contact the office listed to arrange for delivery of documents. A separate check must be submitted to cover the cost of DGS 948-35 Phase I, Part J Project title: Fire Safety Code Improvements. Brief delivery. Mail requests to: Foreman Architects/Engineers, Box 189, 525 West New description: Disconnect, remove and transport to off-site environmentally controlled Castle Street, Zelienople, PA 16063, (724) 452-9690. Bid date: Wednesday, March 3, storage area all Senate chamber furniture, furnishings, and the like, return and 1999 at 11 a.m. reinstall. Construction includes high scaffolding sprinkler and fire alarm systems, new Department: General Services communications/data wiring, replacement of existing wiring systems, rehabilitation of Location: Clarion University of PA, Clarion, Clarion County, PA monumental fixtures, new lighting and panels. Estimated range: $1,000,000 to Duration: 250 calendar days from date of initial job conference $2,000,000. General and electrical construction. Plans deposit: $90 per set. Payable to: Contact: Contract Bidding Unit, (717) 787-6556 Brinjac, Kambic and Associates. Refundable upon return of plans and specifications in reusable condition as construction documents within 15 days after the bid opening DGS A 503-111 Project title: Replace Roofing—Auditorium/Gym. Brief description: date. The bidder is responsible for the cost of delivery of the plans and specifications. Remove existing built-up roof system, (roof system contains asbestos), remove wood Contact the office listed to arrange for delivery of documents. A separate check must be blocking, gravel stops, flashing, insulation, and the like. Install new gravel stop, new submitted to cover the cost of delivery. Mail requests to: Brinjac, Kambic and fully adhered single ply thermoplastic roof system and insulation with 10 year Associates, 114 North Second Street, Harrisburg, PA 17101, (717) 233-4502. Bid date: warranty. Estimated range: $100,000 to $500,000. General construction. Plans deposit: Wednesday, March 3, 1999 at 2 p.m. A prebid conference has been scheduled for $25 per set. Payable to: The Commonwealth of Pennsylvania. Refundable upon return Friday, February 19, 1999 at 10 a.m. in the Arsenal Building Corporate Board Room, of plans and specifications in reusable condition as construction documents within 15 18th and Herr Streets, Harrisburg, PA 17125. Contact: Dean Arensdorf, (717) days after the bid opening date. The bidder is responsible for the cost of delivery of the 782-8842. All contractors who have secured contract documents are invited and urged plans and specifications. Contact the office listed to arrange for delivery of documents. to attend this prebid conference. A separate check must be submitted to cover the cost of delivery. Mail a separate check Department: General Services for $5 per set or provide your express mail account number to the office listed. Mail Location: Capitol Complex, Harrisburg, Dauphin County, PA requests to: The Department of General Services, Room 107, Headquarters Building, Duration: August 20, 1999 or September 1, 1999, depending on which of these 18th and Herr Streets, Harrisburg, PA 17125, (717) 787-3923. Bid date: Wednesday, two time periods is selected for award February 24, 1999 at 1 p.m. Contact: Contract Bidding Unit, (717) 787-6556 Department: General Services Location: Danville State Hospital, Danville, Montour County, PA DGS A 951-50 Project title: Door, Lock and Panic Hardware Replacement. Brief Duration: 90 calendar days from date of initial job conference description: Replace all deteriorated exterior doors, frames and hardware. Estimated Contact: Contract Bidding Unit, (717) 787-6556 range: $100,000 to $500,000. General construction. Plans deposit: $25 per set. Payable to: The Commonwealth of Pennsylvania. Refundable upon return of plans and DGS A 513-84 Project title: Install Stand-By Generators. Brief description: Furnish specifications in reusable condition as construction documents within 15 days after the and install three stand-by generators in electrical construction. Plans deposit: $25 per bid opening date. The bidder is responsible for the cost of delivery of the plans and set. Payable to: The Commonwealth of Pennsylvania. Refundable upon return of plans specifications. Contact the office listed to arrange for delivery of documents. A separate and specifications in reusable condition as construction documents within 15 days after check must be submitted to cover the cost of delivery. Mail a separate check for $5 per the bid opening date. The bidder is responsible for the cost of delivery of the plans and set or provide your express mail account number to the office listed below. Mail specifications. Contact the office listed to arrange for delivery of documents. A separate requests to: The Department of General Services, Room 107, Headquarters Building, check must be submitted to cover the cost of delivery. Mail a separate check for $5 per 18th and Herr Streets, Harrisburg, PA 17125, (717) 787-3923. Bid date: Wednesday, set or provide your express mail account number to the office listed. Mail requests to: March 3, 1999 at 11 a.m. A prebid conference has been scheduled for Monday, The Department of General Services, Room 107, Headquarters Building, 18th and February 22, 1999 at 1 p.m. in the Seminar Theatre at Hiram G. Andrews Center, Herr Streets, Harrisburg, PA 17125, (717) 787-3923. Bid date: Wednesday, February Johnstown, PA. Contact: Bill McCleester, (814) 255-8335. All contractors who have 24, 1999 at 11 a.m. secured contract documents are invited and urged to attend this prebid conference. Department: General Services Department: General Services Location: Torrance State Hospital, Torrance, Westmoreland County, PA Location: Hiram G. Andrews Center, Johnstown, Cambria County, PA Duration: 150 calendar days from date of initial job conference Duration: 210 calendar days from date of initial job conference Contact: Contract Bidding Unit, (717) 787-6556 Contact: Contract Bidding Unit, (717) 787-6556
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DGS A 1700-31 Project title: Removal of Underground Storage Tanks. Brief descrip- tion: Remove one existing 2,000 gallon underground fuel oil storage tank and one existing 500 gallon underground gasoline storage tank, concrete pads, fuel dispenser, exposed piping and electrical conduit. Perform site assessment, sampling and testing. Backfill and restore excavated site. Estimated range: under $100,000. UST/AST construction. Plans deposit: $25 per set. Payable to: The Commonwealth of Pennsylva- nia. Refundable upon return of plans and specifications in reusable condition as construction documents within 15 days after the bid opening date. The bidder is responsible for the cost of delivery of the plans and specifications. Contact the office listed to arrange for delivery of documents. A separate check must be submitted to Elevator Maintenance—13 cover the cost of delivery. Mail a check for $5 per set made payable to Commonwealth of Pennsylvania or provide your express mail account number to the office listed. Mail requests to: The Department of General Services, Room 107, Headquarters Building, 18th and Herr Streets, Harrisburg, PA 17125, (717) 787-3923. Bid date: Wednesday, February 17, 1999 at 2 p.m. Department: General Services Location: State Fire Academy, Lewistown, Mifflin County, PA Duration: 90 calendar days from date of initial job conference Contact: Contract Bidding Unit, (717) 787-6556 04-99 Repairs to electric motors. Details can be obtained through the Purchasing Department. Contract No. FDC-120-568 Furnishing, spreading and compacting 2A aggregate (200 Department: Public Welfare tons), ID-3 wearing material (800 tons), and rolled bituminous curb (180 l. f.). Work is Location: White Haven Center, White Haven, Luzerne County, PA 18661 located at R. B. Winter State Park. Duration: July 1, 1999—June 30, 2004 Department: Conservation and Natural Resources Contact: Sandra A. Repak, Purchasing Agent, (570) 443-4232 Location: Hartley Township, Union County, PA Duration: 60 days 05-99 Repairs to elevators. Details can be obtained through the Purchasing Depart- Contact: Construction Management Section, (717) 787-5055 ment. Department: Public Welfare FDC-124-443 Excavation, fill, grading and widening of existing roadway; bituminous Location: White Haven Center, White Haven, Luzerne County, PA 18661 paving (BCBC—3,400 tons, ID-2—1,100 tons); corrugated polyethylene pipe 12 inch to Duration: July 1, 1999—June 30, 2004 30 inch diameter—1,400 l. f.; and 31 end sections; 2 type ‘‘S’’ and 4 type ‘‘M’’ inlets, Contact: Sandra A. Repak, Purchasing Agent, (570) 443-4232 grading swales and shoulder; and landscaping. All work is located in Sizerville State Park. Department: Conservation and Natural Resources Location: Portage Township, Cameron and Potter Counties, PA Duration: Complete all work by June 30, 1999 Contact: Construction Management Section, (717) 787-5055
MU-97-57 Mansfield University is seeking interested contractors for renovations to Simon B Elliott Hall roof—Project MU-97-57. Construction includes—removal of existing metal roof system and associated components in their entirety down to existing roof and replace sheathing with a shingle roof system. Removal of existing Engineering Services—14 cupola around dome building upon the roof and replace it with a new structure of cupola. Bid packages are available for a nonrefundable fee of $25 from Peg Chapel, Purchasing Department, Mansfield University, Brooks Maintenance Department, Mansfield, PA 16933. Bid packages are available from February 1, 1999 through prebid. A prebid meeting is scheduled for Thursday, March 11, 1999 at 10 a.m. Bid opening is March 26, 1999 at 2 p.m. All responsible bidders are invited to participate including MBE/WBE firms. Department: State System of Higher Education Location: Mansfield University Campus, Mansfield, PA 16933 08430AG2294 To provide construction inspection services on S. R. 0079-A22, Interstate Duration: 45 calendar days from Notice to Proceed Route 79 ITS from West Virginia to Erie in Allegheny, Lawrence, Greene, Washington, Contact: Peg Chapel, (570) 662-4148 Butler, Mercer, Crawford and Erie Counties; and on S. R. 0376-A21 I376 ITS from the Squirrel Hill Tunnel to Rodi Road. SP-3821218005 Project consists of excavating and paving various campground pads Department: Transportation and roadways and construction of concrete sidewalks at Chapman State Park, R. R. 2, Location: Engineering District 11-0 Box 1610, Clarendon, PA 16313, Warren County, Pennsylvania. Bids will be opened at Duration: Six (6) calendar months the Northcentral Engineering Office, Bureau of Facility Design and Construction, R. R. Contact: Consultant Agreement Division, (717) 783-9309 4, Box 212, Emporium, PA 15834, Cameron County, on Friday, March 5, 1999, at 2 p.m. 08430AG2295 Two bridge rehabilitation projects, S. R. 0611, Section 04S in Bucks Department: Conservation and Natural Resources County and S. R. 3020, Section 98S in Montgomery County, involving five structures Location: Bureau of Facility Design and Construction, Chapman State Park, including bridge deck rehabilitation including latex modified testing and overlay, safety R. R. 2, Box 1610, Clarendon, PA 16313 parapet, shape retrofit, replacement of expansion joints, substructure spall repairs, Duration: March 5, 1999 bearing repairs, scour protection for four bridges, and minor approach roadway Contact: Gene A. Strick, Regional Engineer, (814) 486-5637 improvements. Department: Transportation SP-3821218006 Project consists of excavating and paving various campground pads Location: Engineering District 6-0 and roadways and construction of concrete sidewalks at Hills Creek State Park, R. R. Duration: Thirty-six (36) months 2, Box 328, Wellsboro, PA 16901, Tioga County, Pennsylvania. Bids will be opened at Contact: Consultant Agreement Division, (717) 783-9309 the Northcentral Engineering Office, Bureau of Facility Design and Construction, R. R. 4, Box 212, Emporium, PA 15834, Cameron County, on Friday, March 5, 1999, at 2 p.m. Department: Conservation and Natural Resources Location: Bureau of Facility Design and Construction, Hills Creek State Park, R. R. 2, Box 328, Wellsboro, PA 16901 Duration: March 5, 1999—June 30, 1999 Contact: Gene A. Strick, Regional Engineer, (814) 486-5637 Contract Bidding Unit, (717) 787-6556 Environmental Maintenance—15
SPC 3881409001 The Bureau of Forestry requires the drilling of 181 holes with an auger of sufficient diameter to allow for insertion of 4 inchx4inchand6inchx6inch wooden posts to erect a deer enclosure fence in Ogle Township, Somerset County. Department: Conservation and Natural Resources Location: Forestry, Ogle Township, Somerset County, PA Duration: April 1, 1999 to June 1, 1999 Contact: Tina M. Alban, (814) 364-5150
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G-99-02 Margarine: Contract shall cover the months of February 1, 1999 through December 31, 1999 with issuance of bid proposals being made on an as needed basis. Listing of specific commodities and estimated quantities can be obtained by contacting the institutional contact person. Department: Corrections Location: State Correctional Institution—Greene, 1030 East Roy Furman Highway, Waynesburg, PA 15370-8089 Duration: February 1, 1999 through December 31, 1999 Financial and Insurance Consulting—17 Contact: Carol A. Teegarden, (724) 852-5515 G-99-03 Fresh fruits and vegetables: Contract shall cover the months of April 1, 1999 through December 31, 1999 with issuance of bid proposals being made on a quarterly basis. Delivery of the products specified shall be made as needed and requested by the institution. Listing of specific commodities and estimated quantities can be obtained by contacting the institutional contact person. Department: Corrections Location: State Correctional Institution—Greene, 1030 East Roy Furman Highway, Waynesburg, PA 15370-8089 No. 98-004 The Department of the Auditor General is seeking professional investment Duration: April 1, 1999 through December 31, 1999 consultant services under this contract. These professional services will provide the Contact: Carol A. Teegarden, (724) 852-5515 Department with current trends, training and general consulting services on various investment issues as requested by the audit bureaus within the Department. All G-99-04 Fish and seafood: Contract shall cover the months of February 1, 1999 requests must be in writing and faxed to Andrea Quigley at (717) 787-2518 by through December 31, 1999 with issuance of bid proposals being made on an as needed February 23, 1999. basis. Delivery of the products specified shall be made as needed and requested by the Department: Auditor General institution. Listing of specific commodities and estimated quantities can be obtained by Location: Harrisburg, PA contacting the institutional contact person. Duration: April, 1999 to June 30, 2000 Department: Corrections Contact: Andrea Quigley, (717) 787-2433 Location: State Correctional Institution—Greene, 1030 East Roy Furman Highway, Waynesburg, PA 15370-8089 No. 98-005 The Department of the Auditor General is seeking professional actuarial Duration: February 1, 1999 through December 31, 1999 consultant services under this contract. These professional services will provide the Contact: Carol A. Teegarden, (724) 852-5515 Department with current trends, training and general consulting services on various actuarial issues as requested by the audit bureaus within the Department. All requests G-99-05 Cheese products: Contract shall cover the months of February 1, 1999 through must be in writing and faxed to Andrea Quigley at (717) 787-2518 by February 23, December 31, 1999 with issuance of bid proposals being made on an as needed basis. 1999. Delivery of the products specified shall be made as needed and requested by the Department: Auditor General institution. Listing of specific commodities and estimated quantities can be obtained by Location: Harrisburg, PA contacting the institutional contact person. Duration: April, 1999 to June 30, 2000 Department: Corrections Contact: Andrea Quigley, (717) 787-2433 Location: State Correctional Institution—Greene, 1030 East Roy Furman Highway, Waynesburg, PA 15370-8089 Duration: February 1, 1999 through December 31, 1999 Contact: Carol A. Teegarden, (724) 852-5515
G-99-06 Bread and related products: Contract shall cover the months of July 1, 1999 through December 31, 1999 with issuance of bid proposals being made on an as needed basis. Delivery of the products specified shall be made as needed and requested by the institution. Listing of specific commodities and estimated quantities can be obtained by contacting the institutional contact person. Department: Corrections Firefighting Services—18 Location: State Correctional Institution—Greene, 1030 East Roy Furman Highway, Waynesburg, PA 15370-8089 Duration: July 1, 1999 through December 31, 1999 Contact: Carol A. Teegarden, (724) 852-5515
G-99-07 Shell eggs: Contract shall cover the months of April 1, 1999 through December 31, 1999 with issuance of bid proposals being made on a quarterly basis. Delivery of the products specified shall be made as needed and requested by the institution. Listing of specific commodities and estimated quantities can be obtained by 9999 2000 000 The contractor shall provide recharging, hydrostatic testing for fire contacting the institutional contact person. extinguishers and SCBA cylinders for the State Correctional Institution at Mahanoy. Department: Corrections Vendor to request bid package in writing. Location: State Correctional Institution—Greene, 1030 East Roy Furman Department: Corrections Highway, Waynesburg, PA 15370-8089 Location: State Correctional Institution at Mahanoy, 301 Morea Road, Duration: April 1, 1999 through December 31, 1999 Frackville, Schuylkill County, PA 17932 Contact: Carol A. Teegarden, (724) 852-5515 Duration: July 1, 1999 to June 30, 2002 Contact: Ann M. Gavala, Purchasing Agent, (570) 773-2158, fax (570) 621- G-99-09 Poultry and poultry products: Contract shall cover the months of February 1, 3096 1999 through December 31, 1999 with issuance of bid proposals being made on an as needed basis. Delivery of the products specified shall be made on an as needed basis as requested by the institution. Listing of specific commodities and estimated quantities can be obtained by contacting the institutional contact person. Department: Corrections Location: State Correctional Institution—Greene, 1030 East Roy Furman Highway, Waynesburg, PA 15370-8089 Duration: February 1, 1999 through December 31, 1999 Contact: Carol A. Teegarden, (724) 852-5515
G-99-10 Meat and meat products: Contract shall cover the months of February 1, 1999 Food—19 through December 31, 1999 with issuance of bid proposals being made on an as needed basis. Delivery of the products specified shall be made as needed and requested by the institution. Listing of specific commodities and estimated quantities can be obtained by contacting the institutional contact person. Department: Corrections Location: State Correctional Institution—Greene, 1030 East Roy Furman Highway, Waynesburg, PA 15370-8089 Duration: February 1, 1999 through December 31, 1999 Contact: Carol A. Teegarden, (724) 852-5515 5974 Coffee, decaffeinated, bag-in-a-box, for April through December, 1999. Specifica- tions and delivery dates available upon request from agency. Department: Public Welfare Location: Harrisburg State Hospital, Cameron and Maclay Streets, Harris- burg, PA 17105 Duration: April through December 1999 Contact: Jack W. Heinze, Purchasing Agent, (717) 772-7435
G-99-01 Milk: contract shall cover the period of March 1, 1999 through December 31, 1999. Bids will be issued on an as needed basis. Delivery of product will be made 1 or 2 days each week or more often if deemed necessary by the institution. Prices are subject to the Pennsylvania Milk Marketing Board. Department: Corrections Location: State Correctional Institution—Greene, 1030 East Roy Furman Highway, Waynesburg, PA 15370-8089 Duration: March 1, 1999 through December 31, 1999 Contact: Carol A. Teegarden, (724) 852-5515
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A-98-092 Vendor to provide all equipment and labor to clean duct work, vents and hood areas in three kitchens located at the State Correctional Institution Graterford. Service to include cleaning of duct work running from kitchen areas to roof areas. Department: Corrections Location: State Correctional Institution Graterford, Box 246, Route 29, Graterford, PA 19426 Duration: 3—6 months Contact: Kelly Richardson, (610) 489-4151, Ext. 2429
Fuel Related Services—20 DLR 3503 Coal stoker and grating assembly equipment—1 each Pawl No. PDU- 1180-C, one each Pin, through connecting rod end link No. 10204, 1 each Pin, wrist for ram No. 10188, one each Ram No. SSU-1183-A, one each Pin, push rod extension No. 566-A, one each Pin, Shear 7/16Љ diameter No. 10137, one each Liner, ram case for U-1203 and U-1204, 100 each Tuyere, active No. U-6773, four each filler, Tuyere No. U-1306, Tuyere, 24 each Tuyere blank No. U-1305, two each Grate 6Љ side No. U-1024-C, 12 each Grate, 12Љ side No. U-1023-C manufactured by Detroit Stoker Co. or approved equal. Department: Corrections 11099005 Work shall consist of inspection, preventive maintenance service and minor Location: State Correctional Institution at Smithfield, 1120 Pike Street, repairs of various asphalt storage tanks located in Allegheny, Beaver and Lawrence Huntingdon, PA 16652 Counties. Repairs will include replacing and reinsulating piping, replacing T-Stats, Duration: February 18, 1999 through June 30, 1999 replacing fuel gauge, and the like. Contact: Peggy A. Chilcote, Purchasing Agent, (814) 643-6520, Ext. 125 Department: Transportation Contract No. FDC-306-482 Underwater inspection of in-take structure: inspection of Location: Engineering District 11-0: Allegheny, Beaver and Lawrence Counties, Љ PA 36 diameter outlet pipe; wire-saw cutting concrete; diversion and care of water; Duration: April 1, 1999 through March 31, 2000 with renewal options miscellaneous metal work; sealing of joints; provide and place new debris boom. Work Contact: Anthony Golembiewski, (412) 429-4942 is located in Gifford Pinchot State Park. Department: Conservation and Natural Resources Location: Warrington Township, York County, PA Duration: Complete all work by September 30, 1999 Contact: Construction Management Section, (717) 787-5055
SP-3821218007 Provide and install a 5 ton heat pump complete with all duct work and miscellaneous items at Bald Eagle State Park, 149 Main Park Road, Howard, PA 16841, Centre County, Pennsylvania. Bids will be opened at the Northcentral Engineering Office, Bureau of Facility Design and Construction, R. R. 4, Box 212, Emporium, PA 15834, Cameron County, on Friday, March 5, 1999, at 2 p.m. HVAC—22 Department: Conservation and Natural Resources Location: Bureau of Facility Design and Construction, Bald Eagle State Park, 149 Main Park Road, Howard, PA 16841 Duration: March 5, 1999—June 30, 1999 Contact: Gene A. Strick, Regional Engineer, (814) 486-5637
01 Furnish emergency generator: to be delivered and placed at a location acceptable to facility personnel. Department: Public Welfare Location: Youth Forestry Camp No. 2, Hickory Run State Park, White Haven, PA 18661 Duration: February 1, 1999 through June 30, 1999 Janitorial Services—23 Contact: Rose M. Palermo, (570) 443-9524
98107 Centrifuged chillers—Contractor will provide for maintenance and emergency service to the centrifugal chillers at State Correctional Institution—Chester. This contract would provide for annual winter maintenance, inspection, scheduled preven- tion maintenance and emergency service to the centrifugal chillers. Contractor will provide all major labor to diagnose, repair and/or replace failed components of the equipment. More detailed information can be obtained from the institution. Department: Corrections Location: State Correctional Institution—Chester, 500 East 4th Street, Bid No. 7855 Furnish all equipment, materials and labor to perform janitorial Chester, PA 19013 services including empty waste baskets, clean lavatories, sweep floors, machine buff Duration: July 1, 1999—June 30, 2000 tile floors, vacuum carpets, dust furniture, wash windows inside and outside, general Contact: Jacqueline Newson, Purchasing Agent, (610) 490-4370 housecleaning twice a year, shampoo carpets. Detailed work schedule and bid must be obtained from the facility management division, (717) 783-5484. 98108 Water treatment for boilers and chillers—Contractor will supply chemicals and Department: State Police equipment for testing and water treatment of the boilers and chillers at the facility. Location: Facility Management Division, Tionesta Station, R. D. 1, Box 43DD, More detailed information can be obtained from the institution. Tionesta, Forest County, PA 16353-9502 Department: Corrections Duration: July 1, 1999 to June 30, 2002 Location: State Correctional Institution—Chester, 500 East 4th Street, Contact: Joan Berkoski or Donna Enders, (717) 783-5484 Chester, PA 19013 Duration: April 1, 1999—June 30, 2002 Bid No. 7856 Furnish all equipment, materials and labor to perform janitorial Contact: Jacqueline Newson, Purchasing Agent, (610) 490-4370 services including empty waste baskets, clean lavatories, sweep floors, machine buff tile floors, vacuum carpets, dust furniture, wash windows inside and outside, to 98109 Heating, ventilating and air conditioning—Contract would involve the calibra- include snow removal from sidewalks, as required, semiannual housecleaning at the tion, adjustment and maintenance of the heating and air condition equipment at State discretion of the Commanding Officer or his representative at the Rockview Station, Correctional Institution—Chester. The contract would provide for scheduled mainte- 745 South Eagle Valley Road, Bellefonte, PA 16823. Detailed work schedule and bid nance service, equipment and labor required for the repair of the system and for must be obtained from the facility management division, (717) 783-5484. emergency support. Department: State Police Department: Corrections Location: Facility Management Division, Rockview Station, 745 South Eagle Location: State Correctional Institution—Chester, 500 East 4th Street, Valley Road, Bellefonte, PA 16823 Chester, PA 19013 Duration: July 1, 1999 to June 30, 2002 Duration: April 1, 1999—June 30, 2000 Contact: Joan Berkoski or Donna Enders, (717) 783-5484 Contact: Jacqueline Newson, Purchasing Agent, (610) 490-4370 Bid No. 7857 Furnish all labor, equipment and materials to perform janitorial services 11099006 Provide total maintenance and repairs for the complete HVAC system at two visits per week at the Hazleton Procurement and Supply Facility, 230 Dessen Engineering District 11-0 Office Building. Drive, Hazleton, PA 18201, including damp mop tile floors, wipe walls and doors, clean Department: Transportation lavatories, wash windows inside and outside, semiannual housecleaning at the Location: Engineering District 11-0 Office Building, Allegheny County, PA discretion of the Officer in Charge or his representative. Detailed work schedule and Duration: April 1, 1999 through March 31, 2000 with renewal options bid specifications must be obtained from the facility management division, (717) Contact: Anthony Golembiewski, (412) 429-4942 783-5484. Department: State Police 8067000100 Furnish all labor, materials, equipment, tools and supervision to rebuild Location: Facility Management Division, Hazleton Procurement and Supply 16 oil circuit breakers in the main substation of Embreeville Center. To receive Facility, 230 Dessen Drive, Hazleton, PA 18201 specifications, submit fax request to Beverly O. Epting, Hamburg Center, Hamburg, PA Duration: July 1, 1999 to June 30, 2002 19526, fax (610) 562-6025. Contact: Joan Berkoski or Donna Enders, (717) 783-5484 Department: Public Welfare Location: Embreeville Center, Coatesville, PA 19320 Duration: 90 days from effective date of contract Contact: Beverly O. Epting, (610) 562-6031
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Bid No. 7858 Furnish all labor, equipment and materials to perform janitorial services, including empty waste baskets, clean lavatories, sweep floors, machine buff tile floors, vacuum carpets, dust furniture, wash windows inside and outside, general housecleaning twice a year, shampoo carpets. Detailed work schedule and bid must be obtained from the facility management division, (717) 783-5484. Department: State Police Location: Facility Management Division, Fogelsville Station, 8320 Schantz Road, Breinigsville, PA 18031 Duration: July 1, 1999 to June 30, 2001 Contact: Joan Berkoski or Donna Enders, (717) 783-5484 Laundry/Dry Cleaning—25
Bid No. 7859 Furnish all labor, equipment and materials to perform janitorial services, including empty waste baskets, clean lavatories, sweep floors, machine buff tile floors, vacuum carpets, dust furniture, wash windows inside and outside, general housecleaning twice a year, shampoo carpets. Detailed work schedule and bid must be obtained from the facility management division, (717) 783-5484. Department: State Police Location: Facility Management Division, Bureau of Emergency and Special Operations, 171 East Hershey Park Drive, P. O. Box 444, Hershey, 541002 Laundry service: estimated 25,000 lbs. rags and mop heads; 10,000 lbs. linens PA 17033-0444 (includes medical coats/blankets). Contractor will pick-up/deliver from ten laundry Duration: July 1, 1999 to June 30, 2002 sites each Wednesday between 9 a.m. and 3:30 p.m. during normal school sessions. Contact: Joan Berkoski or Donna Enders, (717) 783-5484 Housekeeping department will notify contractor of changes affected by school vacation periods or closing. All responsible bidders are invited to participate including Bid No. 7860 Furnish all labor, equipment and materials to perform janitorial MBE/WBE firms. services, including empty waste baskets, clean lavatories, sweep floors, vacuum Department: State System of Higher Education carpets, dust furniture, wash windows inside and outside, general housecleaning twice Location: East Stroudsburg University, East Stroudsburg, PA 18301 a year and shampoo carpets at the Lancaster Headquarters, 2099 Lincoln Highway Duration: July 1, 1999—June 30, 2000 East, Lancaster, PA 17602. Detailed work schedule and bid must be obtained from the Contact: William Roth, (717) 424-3203 facility management division, (717) 783-5484. Department: State Police Location: Facility Management Division, Lancaster Headquarters, 2099 Lin- coln Highway East, Lancaster, PA 17602 Duration: July 1, 1999 to June 30, 2002 Contact: Joan Berkoski or Donna Enders, (717) 783-5484
Bid No. 7861 Furnish all labor, equipment and materials to perform services, including empty waste baskets, clean lavatories, sweep floors, machine buff tile floors, vacuum carpets, dust furniture, wash windows inside and outside, general houseclean- ing twice a year, shampoo carpets, and the like at the Pennsylvania State Police, Lodging/Meeting Facilities—27 Kittanning Station, R. D. 8, Box 49, Kittanning, PA 16201-8880. Detailed work schedule and bid must be obtained from the facility management division, (717) 783-5484. Department: State Police Location: Facility Management Division, Kittanning Station, R. D. 8, Box 49, Kittanning, PA 16201 Duration: July 1, 1999 to June 30, 2002 Contact: Joan Berkoski or Donna Enders, (717) 783-5484 SBC 350006 The PA Department of Transportation is soliciting bids from contractors Bid No. 7862 Furnish all labor, equipment and materials to perform janitorial services to provide hotel facilities, meals, equipment rental and staff services to coordinate its three visits per week at the Beaver Station, 1400 Brighton Road, Beaver, PA 15009, 1999 Quality Conference. Approximately 1,000 PennDOT employes attend this confer- including damp mop tile floors, sweep carpets, wipe walls and doors, clean lavatories, ence which must be held on 5 consecutive days. Preferred dates for this conference are: wash windows inside and outside, semiannual housecleaning at the discretion of the 4th week in September or 3rd week in October. Optional dates are: last week of August Officer in Charge or his designated representative. Snow removal from sidewalks or the first week in November. Fax all requests to Tina Chubb at (717) 783-7971. included in specifications. Detailed work schedule and bid must be obtained from the Include in your request: Company name; address (no post office boxes if possible), facility management division, (717) 783-5484. phone number and fax number. Department: State Police Department: Transportation Location: Facility Management Division, Beaver Station, 1400 Brighton Road, Location: Commonwealth of Pennsylvania Beaver, Beaver County, PA 15009 Duration: Approximately 1 year Duration: July 1, 1999 to June 30, 2002 Contact: Tonja Jackson, (717) 783-8910 Contact: Joan Berkoski or Donna Enders, (717) 783-5484
Bid No. 7863 Furnish all equipment, materials and labor to perform janitorial services including empty waste baskets, clean lavatories, sweep floors, machine buff tile floors, vacuum carpets, dust furniture, wash windows inside and outside, semiannual housecleaning at the discretion of the Station Commander at Philipsburg Station, Rural Route 1, Box 64A, Philipsburg, PA 16866. Detailed work schedule and bid must be obtained from the facility management division, (717) 783-5484. Department: State Police Location: Facility Management Division, Philipsburg Station, Rural Route 1, Box 64A, Philipsburg, PA 16866 Mailing Services—28 Duration: July 1, 1999 to June 30, 2002 Contact: Joan Berkoski or Donna Enders, (717) 783-5484
Bid No. 7864 Furnish all labor, materials and equipment to perform janitorial services, including empty waste baskets, clean lavatories, sweep floors, machine buff tile floors, vacuum carpets, dust furniture, wash windows inside and outside, general housecleaning twice a year, shampoo carpets at the Gettysburg Station, 3033 Old Harrisburg Road, Gettysburg, PA 17325. Detailed work schedule and bid must be obtained from the facility management division, (717) 783-5484. PDA 413 Provide overnight service for the pick-up and delivery of packages for the Department: State Police domestic and international markets. Location: Facility Management Division, Gettysburg Station, 3033 Old Harris- Department: Agriculture burg, Pike, Gettysburg, Adams County, PA 17325 Location: Statewide Duration: July 1, 1999 to June 30, 2002 Duration: 1 year Contact: Joan Berkoski or Donna Enders, (717) 783-5484 Contact: Michael Mesaris, (717) 787-5674
541001 Complete (inside and outside) cleaning of windows on the campus of East PDA 414 The intrastate pick-up and delivery of laboratory samples in the Common- Stroudsburg University. Must be scheduled between August 16, 1999 and August 31, wealth of Pennsylvania. Contractor must provide service to the entire Commonwealth. 1999 with the housekeeping department. Work must be accomplished only on clear The samples consist of blood, urine, plant and food items. days. Contractor must provide proof of appropriate insurance coverage (that is, liability Department: Agriculture and Workmen’s Compensation). All responsible bidders are invited to participate Location: Statewide including MBE/WBE firms. Duration: 1 year Department: State System of Higher Education Contact: Michael Mesaris, (717) 787-5674 Location: East Stroudsburg University, East Stroudsburg, PA 18301 Duration: August 16, 1999—August 31, 1999 PDA 415 Provide ground service for the shipping of packages within the Common- Contact: William Roth, (717) 424-3203 wealth of Pennsylvania. The packages range in size from 1 pound to 70 pounds. Occasionally packages will be shipped interstate. IFB98-105 Janitorial cleaning and management service contract from April 15, 1999 Department: Agriculture through April 14, 2000 with 4 optional years. 10% bid proposal security requirement. Location: Statewide Estimated 11,700 hours. Required prebid conference February 16, 1999 at 8:15 a.m. Duration: 1 year Department: Education Contact: Michael Mesaris, (717) 787-5674 Location: Scranton State School for the Deaf, 1800 North Washington Avenue, Scranton, PA 18509-1799 Duration: April 15, 1999 through April 14, 2000 Contact: Merrill Mayenschein, (570) 963-4541
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Medical Services—29 Property Maintenance—33
8337 Optometric services for both the Ebensburg Center (Cambria County) and the 063001 Prune trees and remove hazardous trees, stumps, tree limbs and hangers from Altoona Center (Blair County). Contractor to provide annual vision screening for each PennDOT rights of way in Delaware County. individual of the Ebensburg and Altoona Centers. Contractor to provide lenses, frames, Department: Transportation and the like, as required. Contractor to make referrals to ophthalmologist for medical Location: All of Delaware County treatment, if deemed necessary. Duration: May 1, 1999 to April 30, 2002 Department: Public Welfare Contact: Charles Stone, (610) 964-6520 Location: Ebensburg and Altoona Centers, Ebensburg Center, Route 22 West, Ebensburg, Cambria County, PA; Altoona Center, 1515 Fourth 98-CI008 Various container grown tree cultivars, to be used in Correctional Industries Street, Altoona, Blair County, PA nursery. Duration: July 1, 1999 through June 30, 2002 Department: Corrections Contact: Cora Davis, Purchasing Agent, (814) 472-0288 Location: Correctional Industries, State Correctional Institution Rockview, Bellefonte, PA 6520-0100-000 Dental laboratory services—contractor shall provide dental laboratory Duration: 1 year services for the dental prosthesis as prescribed by the institution dental clinic. Note: Contact: Maryann Ulrich, (717) 731-7134 Bid specs available from agency purchasing office. Department: Corrections 98-CI009 Vendor will supply spray application of chemicals for the following crops: Location: State Correctional Institution at Rockview, Box A, Route 26, field corn, sweet corn, soybeans, peas, tomatoes and green wax beans. Approximately Bellefonte, Centre County, PA 16823 4,000 acres. Duration: July 1, 1999 through June 30, 2002 Department: Corrections Contact: Cheryl Snook, Purchasing Agent II, (814) 355-4874, Ext. 206 Location: Correctional Industries, State Correctional Institution Rockview, Bellefonte, PA BOOT-99-004 MS-1 Consultant to provide training courses for hospital emergency Duration: 1 year departments on the evaluation and treatment of radiological contaminated injured Contact: Maryann Ulrich, (717) 731-7134 individuals and training courses for emergency medical services personnel who recover, provide initial first aid to, and transport radiation contaminated injured persons to 11099008This work consists of furnishing and planting trees, shrubs, seeding, hydro designated medical treatment facilities. seeding, placing top soil. This work will be required on an as needed basis to control Department: PA Emergency Management Agency erosion and making environmental improvements to the roadside. Two contracts will Location: Various locations within the Commonwealth be bid; No. 1 Allegheny County; No. 2 Beaver and Lawrence Counties. Duration: July 1, 1999—June 30, 2000 (optional 2nd year) Department: Transportation Contact: Christopher Nolan, (717) 651-2191 Location: Engineering District 11-0: 1. Throughout Allegheny County; 2. Throughout Beaver and Lawrence Counties, PA N-0399 Services of a licensed dentist to provide general dental services for students Duration: June 1, 1999 through May 31, 2000 with five 1-year renewals residing at the Youth Development Center, New Castle, PA. Contractor will perform Contact: Joe DiPietro, (412) 429-4954 required services on the grounds of the institution. Dental services will be required for 6 hours weekly. Call for specifications, (724) 656-7310. Project No. KU99-13 Kutztown University is seeking qualified contractors for the Department: Public Welfare foam roof replacement at the Student Union Building at Kutztown University. Bid Location: Youth Development Center, R. R. 6, Box 21A, Frew Mill Road, New packages are available for a nonrefundable fee of $30 from: Janet Spahr, STV Castle, PA 16101 Architects, 205 West Welsh Drive, Douglassville, PA 19508, (610) 385-8219. Bid Duration: July 1, 1999 through June 30, 2002 packages are available February 15, 1999 through prebid. A prebid meeting has been Contact: T. Mateja, Purchasing Agent, (724) 656-7310 scheduled for February 25, 1999 at 10 a.m. Bids will be received March 10, 1999 by 2 p.m. and opened March 10, 1999 at 2 p.m. Nondiscrimination and Equal Opportunity RFA 98-07-08 Requests for applications: The Department of Health announces the are the policies of the Commonwealth and the State System of Higher Education. availability of Community Primary Care Challenge Grants to develop and implement Department: State System of Higher Education programs to improve access or availability of comprehensive primary, medical and Location: Kutztown University, Kutztown, PA 19530 dental care to residents of underserved areas. If interested, please write or call Duration: 90 days after Notice to Proceed Barbara Bloom to request a copy of the RFA at Bureau of Health Planning, Room 833, Contact: Barbara Barish, Contract Specialist, (610) 683-4602 Health and Welfare Building, P. O. Box 90, Harrisburg, PA 17108, (717) 772-5298. Department: Health Project No. KU99-14 Kutztown University is seeking qualified contractors for the Location: Various underserved areas throughout Pennsylvania foam roof replacement at Deatrick Hall. Bid packages are available for a nonrefund- Duration: September 1, 1999 through August 31, 2001 able fee of $30 from: Janet Spahr, STV Architects, 205 West Welsh Drive, Contact: Barbara Bloom, (717) 772-5298 Douglassville, PA 19508, (610) 385-8219. Bid packages are available February 15, 1999 through prebid. A prebid meeting has been scheduled for February 25, 1999 at 10 a.m. S-0299 Contractor to provide the services of a licensed psychiatrist, on site, at the Bids will be received March 10, 1999 by 2 p.m. and opened March 10, 1999 at 2 p.m. South West Secure Treatment Unit, Torrance, PA. Psychiatric consulting services will Nondiscrimination and Equal Opportunity are the policies of the Commonwealth and be required for 4 hours weekly for student residents. Call for specifications (724) the State System of Higher Education. 656-7310. Department: State System of Higher Education Department: Public Welfare Location: Kutztown University, Kutztown, PA 19530 Location: Youth Development Center New Castle, South West Secure Treat- Duration: 90 days after Notice to Proceed ment Unit, Wiseman Building, TSH, State Route 1014, Torrance, PA Contact: Barbara Barish, Contract Specialist, (610) 683-4602 15779 Duration: July 1, 1999 to June 30, 2002 Project No. KU99-15 Kutztown University is seeking qualified contractors for foam Contact: T. E. Mateja, Purchasing Agent, (724) 656-7310 roof replacement at Bonner and Schuylkill Halls at Kutztown University. Bid packages are available for a nonrefundable fee of $30 from: Janet Spahr, STV Architects, 205 West Welsh Drive, Douglassville, PA 19530, (610) 385-8219. Bid packages are available February 15, 1999 through prebid. A prebid meeting has been scheduled for February 25, 1999 at 10 a.m. Bids will be received March 10, 1999 by 2 p.m. and opened March 10, 1999 at 2 p.m. Non-Discrimination and Equal Opportunity are the policies of the Commonwealth and the State System of Higher Education. Department: State System of Higher Education Location: Kutztown University, Kutztown, PA 19530 Duration: 90 days after Notice to Proceed Contact: Barbara Barish, Contract Specialist, (610) 683-4602
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Project No. KU99-16 Kutztown University is seeking qualified contractors for foam Project No. 648 1—8 cubic yard container, weekly pick-up, monthly billing. roof replacement on Beekey Education Center, DeFrancesco Hall, Sharadin Hall, Department: Military and Veterans Affairs Risley Hall and the Administration Buildings at Kutztown University. Bid packages Location: PAARNG Armory, 5350 Ogontz Avenue, Philadelphia, Philadelphia are available for a nonrefundable fee of $30 from: Janet Spahr, STV Architects, 205 County, PA West Welsh Drive, Douglassville, PA 19508, (610) 385-8219. Bid packages are available Duration: July 1, 1999—June 30, 2002 February 15, 1999 through prebid. A prebid meeting has been scheduled for February Contact: Emma Schroff, (717) 861-8518 25, 1999 at 10 a.m. Bids will be received March 10, 1999 by 2 p.m. and opened March 10, 1999 at 2 p.m. Nondiscrimination and Equal Opportunity are the policies of the Project No. 649 1—8 cubic yard container, weekly pick-up, monthly billing. Commonwealth and the State System of Higher Education. Department: Military and Veterans Affairs Department: State System of Higher Education Location: PAARNG Armory, 23rd and Ranstead Streets, Philadelphia, Phila- Location: Kutztown University, Kutztown, PA 19530 delphia County, PA Duration: 90 days after Notice to Proceed Duration: July 1, 1999—June 30, 2002 Contact: Barbara Barish, Contract Specialist, (610) 683-4602 Contact: Emma Schroff, (717) 861-8518
SP-3821218003 Remove all the existing built up roofing materials including flashing, Project No. 650 2—8 cubic yard containers, weekly pick-up, monthly billing. gravel stops, and the like, and furnish and install an E.P.D.M. roofing system similar Department: Military and Veterans Affairs and/or equal to Sure-Seal Design ‘‘A’’ (Adhered), as manufactured by Carlisle Syntec Location: PAARNG Armory, 3205 Lancaster Avenue, Philadelphia, Philadel- Systems. Bids will be opened at the Northcentral Engineering Office, Bureau of phia County, PA Facility Design and Construction, R. R. 4, Box 212, Emporium, PA 15834, Cameron Duration: July 1, 1999—June 30, 2002 County, on Friday, February 26, 1999, at 2 p.m. Contact: Emma Schroff, (717) 861-8518 Department: Conservation and Natural Resources Location: Bureau of Facility Design and Construction, Shikellamy State Park, Project No. 651 1—4 cubic yard container, weekly pick-up, monthly billing. Bridge Avenue, Sunbury, PA 17801 Department: Military and Veterans Affairs Duration: February 6, 1999—June 30, 1999 Location: PAARNG Armory, Rapps Dam Road, Phoenixville, Chester County, Contact: Gene A. Strick, Regional Engineer, (814) 486-5637 PA Duration: July 1, 1999—June 30, 2002 WC 712 West Chester University is soliciting sealed bids for Project WC 712— Contact: Emma Schroff, (717) 861-8518 Lawrence Center Dining Hall—Phase 2. The project consists of the demolition of existing seating areas and installation of new finishes including carpet, tile flooring, Project No. 652 2—2 cubic yard containers, semiweekly pick-up (2 times per week), millwork, paint and utility relocation/adjustment. Work also includes installation of a monthly billing. new food court area which involves new millwork, food service equipment and Department: Military and Veterans Affairs necessary utilities. It is anticipated that the work will begin on or about May 10, 1999 Location: PAARNG Armory, 324 Emerson Street, Pittsburgh, Allegheny and end on July 16, 1999. Prevailing wages apply. Five separate prime contracts will County, PA be awarded. Specifications are available from L. Robert Kimball & Associates, Duration: July 1, 1999—June 30, 2002 Washington Square, Suite F, 21 West Washington Street, West Chester, PA 19380, Contact: Emma Schroff, (717) 861-8518 (610) 692-2232. The cost is $75 for pickup and $90 if mailed. The prebid will be conducted on March 2, 1999 and the bids are due and will be publicly opened at 11 on Project No. 653 1—9 cubic yard container, semiweekly pick-up (2 times per week), March 11, 1999. The cost to have a package Fed exed is $113. monthly billing. Department: State System of Higher Education Department: Military and Veterans Affairs Location: West Chester University, Lawrence Center, West Chester, PA 19383 Location: PAARNG Armory, 900 Adams Avenue, Scranton, Lackawanna Duration: May 10, 1999—July 16, 1999 County, PA Contact: L. Robert Kimball & Associates, (610) 692-2232 Duration: July 1, 1999—June 30, 2002 Contact: Emma Schroff, (717) 861-8518
Project No. 654 1—10 cubic yard container, semiweekly pick-up (2 times per week), monthly billing. Department: Military and Veterans Affairs Location: PAARNG Armory, 280 Market Street, Wilkes-Barre, Luzerne County, PA Duration: July 1, 1999—June 30, 2002 Contact: Emma Schroff, (717) 861-8518 Real Estate Services—35 11099007 Refuse and trash removal from various locations within Allegheny County (Engineering District Office and Maintenance Districts 11-1 and 11-3). Contractors must meet all Commonwealth requirements for trash and refuse removal. Contractors are not required to bid on all containers and sites. Items will be awarded separately. Department: Transportation Location: Engineering District 11-0, Allegheny County, Maintenance Districts 11-1 and 11-3 Duration: April 1, 1999 through March 31, 2000 with two 18-month renewals Contact: David O’Connor, (412) 429-4955 97 Lease Office Space to the Commonwealth of Pennsylvania. Proposals are invited to provide the Department of Health with 7,387 useable square feet of new or existing office space in Mercer County, PA, with minimum parking for 30 vehicles, within the following boundaries: withina2mileradius of the intersection of I-79 and Route 62. In areas where street or public parking is not available, an additional 10 parking spaces are required. The Department of Health will occupy the space. Proposals due: March 29, 1999. Solicitation No.: 92778. Department: General Services Location: Real Estate, 505 North Office Building, Harrisburg, PA 17125 Duration: Indeterminate 1998—99 Vehicle, Heavy Equipment—38 Contact: John Hocker, (717) 787-4394
030-0314 7 ton hydraulic crane, (articulating) mounted to PennDOT truck by vendor. Department: Transportation Sanitation—36 Location: At awarded vendor facility Duration: Indeterminate 1998—99 Contact: Greg Mahosky, (570) 724-4142
Project No. 647 2—8 cubic yard containers, semiweekly pick-up (2 times per week), monthly billing. Department: Military and Veterans Affairs Location: PAARNG Armory, 2700 Southampton Road, Philadelphia, Philadel- phia County, PA Duration: July 1, 1999—June 30, 2002 Contact: Emma Schroff, (717) 861-8518
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98-CI006 Kensol Franklin Systems Model 8500, ‘‘Linear Wedge’’, 15 ton hot stamp press. Press will be used in Print Plant at C. I. Department: Corrections Location: Correctional Industries, State Correctional Institution Frackville, Frackville, PA Duration: 1 year Contact: MaryAnn Ulrich, (717) 731-7134
98-CI007 Seeds: sweet pea seed; arise, tacomo, stampede. Miscellaneous—39 Department: Corrections Location: Correctional Industries, State Correctional Institution Rockview, Bellefonte, PA Duration: 1 year Contact: MaryAnn Ulrich, (717) 731-7134
ESO-99 Marantz records as per specifications. Department: State Police Location: 171 East Hersheypark Drive, Hershey, PA 17033 0400-CC For the rental of calcium chloride dispensing system for use at Stockpile No. Duration: June 30, 1999 1, corner of Route 0307 and West Grove Street, Clarks Summit, Lackawanna County Contact: Robert D. Stare, (717) 783-5485 and Stockpile No. 5, Route 0006, Archbald, Lackawanna County. The contract shall be SP-388113001 Provide materials and installation of woven wire deer fencing as renewable at the prices quoted for 3 one-year renewals. Contact Gerald Pronko at follows: Fence Area No. 1—Approximately 5,300 lineal feet perimeter and 3,300 lineal (570) 963-4039 for bid package. feet perimeter of this proposed sale area in Gibson Township, Cameron County. Fence Department: Transportation Area No. 2—Approximately 4,000 lineal feet perimeter of the McNuff, Timber Sale No. Location: Counties of District 4-0: Lackawanna, Luzerne, Pike, Susquehanna, 13-97BC16, in Portage Township, Cameron County and Portage Township, Potter Wayne and Wyoming Counties County. Fence Area No. 3—Approximately 3,300 lineal feet perimeter of the Logue Duration: November 15, 1999 to November 14, 2000 Run, Timber Sale No. 13-97BC14, in Grove Township, Cameron County. Contact: Gerald Pronko, (570) 963-4039 Department: Conservation and Natural Resources 98-17 ‘‘Owner Controlled Insurance program.’’ The objective of this project is to Location: Bureau of Forestry, Forest District 13, Johnson Run, Gibson Town- administer an owner controlled insurance program (OCIP) also known as wrap-up ship, Cameron County; McNuff—Portage Township, Cameron insurance for the Pennsylvania Department of Transportation. This project will involve County, Portage Township, Potter County; Logue Run—Grove Town- various insurance coverage on the Interstate 99 highway construction project located ship, Cameron County, PA in Centre County. Additional information and a request for proposals (RFP) may be Duration: October 29, 1999 obtained by faxing a request for RFP 98-17 to Tina Chubb at (717) 783-7971. Contact: Robert G. Merrill, Jr., Forest Asst. Mgr., (814) 486-3353 Department: Transportation [Pa.B. Doc. No. 99-258. Filed for public inspection February 12, 1999, 9:00 a.m.] Location: Bureau of Office Services, Centre County Area Duration: Length of construction project (estimated 5 years) Contact: Tom Schumacher, (717) 783-8906
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DESCRIPTION OF LEGEND
1 Advertising, Public Relations, Promotional 22 Heating, Ventilation, Air Conditioning, Materials Electrical, Plumbing, Refrigeration Services, 2 Agricultural Services, Livestock, Equipment, Equipment Rental & Repair Supplies & Repairs: Farming Equipment 23 Janitorial Services & Supply Rental: Interior Rental & Repair, Crop Harvesting & Dusting, 24 Laboratory Services, Maintenance & Animal Feed, etc. Consulting 3 Auctioneer Services 25 Laundry/Dry Cleaning & Linen/Uniform 4 Audio/Video, Telecommunications Services, Rental Equipment Rental & Repair 26 Legal Services & Consultation 5 Barber/Cosmetology Services & Equipment 27 Lodging/Meeting Facilities 6 Cartography Services 28 Mailing Services 7 Child Care 29 Medical Services, Equipment Rental and 8 Computer Related Services & Equipment Repairs & Consultation Repair: Equipment Rental/Lease, 30 Moving Services Programming, Data Entry, Payroll Services, Consulting 31 Personnel, Temporary 9 Construction & Construction Maintenance: 32 Photography Services (includes aerial) Buildings, Highways, Roads, Asphalt Paving, 33 Property Maintenance & Bridges, Culverts, Welding, Resurfacing, etc. Renovation—Interior & Exterior: Painting, 10 Court Reporting & Stenography Services Restoration, Carpentry Services, Snow Removal, General Landscaping (Mowing, Tree 11 Demolition—Structural Only Pruning & Planting, etc.) 12 Drafting & Design Services 34 Railroad/Airline Related Services, Equipment 13 Elevator Maintenance & Repair 14 Engineering Services & Consultation: 35 Real Estate Services—Appraisals & Rentals Geologic, Civil, Mechanical, Electrical, Solar 36 Sanitation—Non-Hazardous Removal, & Surveying Disposal & Transportation (Includes 15 Environmental Maintenance Services: Well Chemical Toilets) Drilling, Mine Reclamation, Core & 37 Security Services & Equipment—Armed Exploratory Drilling, Stream Rehabilitation Guards, Investigative Services & Security Projects and Installation Services Systems 16 Extermination Services 38 Vehicle, Heavy Equipment & Powered 17 Financial & Insurance Consulting & Services Machinery Services, Maintenance, Rental, 18 Firefighting Services Repair & Renovation (Includes ADA Improvements) 19 Food 39 Miscellaneous: This category is intended for 20 Fuel Related Services, Equipment & listing all bids, announcements not applicable Maintenance to Include Weighing Station to the above categories Equipment, Underground & Above Storage Tanks GARY E. CROWELL, 21 Hazardous Material Services: Abatement, Secretary Disposal, Removal, Transportation & Consultation
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 898 STATE CONTRACTS INFORMATION
Contract Awards Requisition or Awarded In the The following awards have been made by the Depart- Contract No. On To Amount Of ment of General Services, Bureau of Purchases: 5680-02 RIP 02/05/99 Andrews 2,957.00 Requisition No. 2 Metal Prod- or Awarded In the ucts, Inc. Contract No. On To Amount Of 5680-02 RIP 02/05/99 E. A. Quirin 7,255.00 2310-02 02/08/99 Apple 675,442.00 No. 2 Machine Chevrolet Shop, Inc. 2310-02 02/08/99 Rothrock 287,730.00 7110-07 SUP 02/08/99 Nortix Group, 10,000.00 Chevrolet No. 1 Inc. 2310-02 02/08/99 Hoffman Ford 401,787.00 7110-07 SUP 02/08/99 Allegheny 10,000.00 Sales, Inc. No. 1 Metals Corp. 2310-02 02/08/99 Manheim 763,845.00 7490-03 SUP 02/05/99 Eugene Davids 5,000.00 Chrysler No. 1 and Re- Company, Plymouth bid No. 1 Inc. GMC Truck 8010-06 02/05/99 Cataphote 427,800.00 2310-02 02/08/99 Elizabethtown 397,501.00 8010-06 02/05/99 ACA Reflector- 1,628,800.00 Dodge ized Glass 2310-02 02/08/99 Phillips Ford 128,560.00 Products Sales 8010-06 02/05/99 Todd Heller, 328,000.00 2310-02 02/08/99 Elizabethtown 184,266.00 Inc. Chevrolet 8010-07 02/05/99 Finnaren & 75,000.00 2310-02 02/08/99 Warnock 33,541.00 Haley, Inc. Chevrolet 8010-07 02/05/99 Duron, Inc. 75,000.00 2310-02 02/08/99 Warnock 64,353.00 8010-07 02/05/99 Sherwin- 150,000.00 Dodge Williams & 2310-02 02/08/99 Warnock Ford, 19,533.00 Con-Lux Inc. 9140-04 RIP 02/08/99 Carlos R. Lef- 64,508.94 2310-02 02/08/99 Meissner 211,916.00 No. 1 fler, Inc. Chevrolet, 1268228-01 02/01/99 Whitesides of 41,898.00 Inc. Cambridge, 2310-02 02/08/99 Hertrich Ford 76,903.00 Inc. 2310-02 02/08/99 Regester 48,325.00 1268228-02 02/01/99 Hoffman Ford 27,422.00 Chevrolet, Sales, Inc. Inc. 1283358-01 02/01/99 Custom 12,626.00 2310-02 02/08/99 Motors Fleet 29,571.00 Trailer, Inc. 2310-02 02/08/99 Cumberland 427,880.00 1294208-01 02/01/99 Research Elec- 22,975.00 Truck tronics In- Equipment ternational Co., Inc. 1317218-01 02/01/99 Glass Mender 15,800.00 2310-02 02/08/99 Wolfington 101,242.00 Mirror Plate Body Co. 1364118-01 02/01/99 The Trane Co./ 14,604.00 3610-01 RIP 02/05/99 Danka Office 500,000.00 Div. of No. 1 Imaging Co. American 3610-01 RIP 02/05/99 Minolta Corp. 500,000.00 Standard No. 1 1376228-01 02/01/99 Whitesides of 20,600.00 3610-01 RIP 02/05/99 Pitney Bowes 500,000.00 Cambridge, No. 1 Office Sys- Inc. tems 1392118-01 02/01/99 Crain Lumber 12,140.42 3610-01 RIP 02/05/99 Xerox Corp. 500,000.00 Co., Inc. No. 1 1413238-01 02/01/99 Fechheimer 65,642.50
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 STATE CONTRACTS INFORMATION 899
Requisition or Awarded In the Contract No. On To Amount Of 1424118-01 02/01/99 A. G. Mauro 17,945.00 Co. 1425118-01 02/01/99 Oles Envelope 256,384.00 Corp. 8145640-01 02/01/99 J. M. G. En- 84,750.00 terprises, Inc. GARY E. CROWELL, Secretary [Pa.B. Doc. No. 99-259. Filed for public inspection February 12, 1999, 9:00 a.m.]
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 903 PROPOSED RULEMAKING On April 1, 1998, the Department distributed, and DEPARTMENT OF HEALTH conducted a public meeting to provide an overview of, a revised set of draft proposed regulations. Comments were [28 PA. CODE CHS. 1001, 1003, 1005, 1007, 1009, solicited through May 1, 1998. 1011, 1013 AND 1015] In developing these proposed amendments the Depart- Emergency Medical Services ment thoroughly considered the Final Report of the House Health and Human Services Committee based The Department of Health (Department) gives notice upon House Resolution 92, the Final Report of the LBFC that it is proposing to amend 28 Pa. Code Part VII based upon House Resolution 186, the written comments (relating to emergency medical services), to read as set received from the Council and the public, and the oral forth in Annex A. presentations made by persons who participated in the Purpose and Background public meetings. The Department was further assisted by extensive ongoing consultation with the Director of the Interim regulations were published at 25 Pa.B. 3685 Council following the August 4, 1997, public meeting. (September 2, 1995), to facilitate implementation of the act of October 5, 1994 (P. L. 557, No. 82) (Act 82) By this proposed rulemaking the Department is meet- amendments to the Emergency Medical Services Act (act) ing its statutory duty to subject the regulations it adopted (35 P. S. §§ 6921—6938). Section 6 of Act 82 authorized through the interim rulemaking process to the standard the Department to bypass certain rulemaking procedures regulatory oversight procedures. The Department is also to adopt the interim regulations, with the caveat that taking this opportunity to propose amendments to those those regulations later be resubmitted through the cus- regulations, as well as to other regulations it was not tomary rulemaking procedures. authorized to amend through the interim rulemaking process. Amendments to regulations dealing with subject matter addressed by the act, but not addressed by the Act 82 It has been 9 years since the Department published its amendments, were not adopted through the interim rule- initial regulations under the act. A changed EMS environ- making process. The interim regulations were required to ment in that 9-year time span, statutory amendments, be limited in scope to the parameters of Act 82. problems brought to the Department’s attention in ad- ministering the existing regulations, judicial decisions Following the Department’s adoption of the interim that have clarified the Department’s authority and re- regulations, under House Resolution 92 of 1995, the sponsibilities under the act, and a statutory duty to House Health and Human Services Committee issued a process through the customary rulemaking procedures Final Report on the Statewide emergency medical ser- standards the Department has imposed through interim vices (EMS) system, addressing the effectiveness of the regulations, present compelling reasons for the Depart- system and problems in its administration. That report ment to pursue comprehensive revisions to its EMS was distributed in November 1996. Thereafter, the De- regulations at this time. partment commenced a review of its EMS regulations in their entirety. Summary In developing the proposed amendments, the Depart- The regulations that have been adopted to facilitate ment pursued early and meaningful input from the administration of the act are presented in the following regulated community, as required by Executive Order seven chapters: Chapter 1001 (relating to administration 1996-1 (relating to regulatory review and promulgation). of the EMS system), Chapter 1003 (relating to personnel), On December 20, 1996, a first draft of proposed amend- Chapter 1005 (relating to licensing of BLS and ALS ments was forwarded to the Pennsylvania Emergency ambulance services), Chapter 1007 (relating to licensing Health Service Council (Council) for its comments and of air ambulance services—rotorcraft), Chapter 1009 (re- recommendations. The Council circulated that draft lating to EMS medical command medical facilities), Chap- throughout the State’s EMS community, and solicited ter 1011 (relating to accreditation of training institutes) input from its membership. The Council submitted its and Chapter 1013 (relating to special event EMS). The comments to the Department in June 1997. proposed amendments would retain each of these chap- ters. Some of the titles would be revised. The proposal On June 28, 1997, the Department published in the would also add Chapter 1015 (relating to quick response Pennsylvania Bulletin notice that it was seeking early services). public input with respect to its amendment of the EMS regulations, that members of the public could secure a Chapter 1001. Administration of the EMS system copy of the Department’s preliminary draft, and that a public meeting to discuss amendments would be held on This chapter explains the purpose of the Department’s August 4, 1997. Comments were received and the public EMS regulations, defines terms used in the regulations, meeting was convened as scheduled. identifies standards for the Statewide and regional EMS development plans, prescribes criteria for the Depart- Under House Resolution 186 of 1997, the Legislative ment’s distribution of funds, establishes EMS data collec- Budget and Finance Committee (LBFC) conducted a tion and reporting responsibilities, sets standards for performance audit, beginning on or about July 29, 1997, quality assurance programs to monitor the delivery of of how moneys from the Emergency Medical Services EMS, creates standards for the integration of trauma Operating Fund were being allocated and spent by the facilities into the Statewide EMS system, explains and Department and other participants in the Statewide EMS imposes duties on the regional EMS councils, addresses system to whom the funds were distributed by the the relationship between the Department and the Coun- Department. The LBFC issued its report on February 24, cil, and imposes restrictions on EMS research by persons 1998. regulated under the act.
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 904 PROPOSED RULEMAKING
Subchapter A. General Provisions what is encompassed in the direct support of EMS systems. The lack of a definition was identified as a Section 1001.1 (relating to purpose) would be amended problem in the LBFC report. to clarify that the Department does not use regulations to address or carry out all of its responsibilities under the ‘‘EMSOF’’ would be defined to clarify that in the context act. For example, some of its responsibilities are ad- of the regulations the term refers to only that portion of dressed by contract. the Emergency Medical Services Operating Fund appro- priated to the Department for EMS purposes, and does Section 1001.2 (relating to definitions) would be not include that portion of the appropriation assigned to amended to revise several definitions to read more clearly. the Catastrophic Medical and Rehabilitation Fund (Head Definitions would be added for ‘‘APLS—advanced pediat- Injury Program). ric life support course,’’ ‘‘ambulance call report,’’ ‘‘ambu- lance identification number,’’ ‘‘board certification,’’ ‘‘con- ‘‘EMS training institute’’ would be defined to clarify tinuing education,’’ ‘‘direct support services,’’ ‘‘EMSOF— that when that term is used in the regulations it applies Emergency Medical Services Operating Fund,’’ ‘‘EMS only to institutes accredited to offer training leading to training institute,’’ ‘‘Medical Command Base Station mandatory certifications and recognitions issued by the Course,’’ ‘‘medical treatment protocols,’’ ‘‘PALS—pediatric Department under the act. For example, the term does advanced life support course,’’ ‘‘physician,’’ ‘‘PSAP—public not apply to an institution that offers continuing educa- safety answering point,’’ ‘‘registered nurse,’’ ‘‘service area’’ tion exclusively. and ‘‘Statewide BLS treatment protocols.’’ Sections 5(c) and 11(h) and (i) of the act (35 P. S. The definitions would explain what an APLS course, a §§ 6925(c) and 6931(h) and (i)) address the establishment PALS course and the Medical Command Base Station of and compliance with medical treatment protocols. The Course are. It is proposed that successful completion of definition of ‘‘medical treatment protocols’’ would clarify an APLS or a PALS course, combined with other criteria, what is encompassed by this term and replace the be required for a physician to become a medical command definition of ‘‘medical protocols.’’ The definition of ‘‘State- physician or an advanced life support (ALS) service wide BLS medical treatment protocols’’ would refer to medical director if the physician is not board certified in basic life support (BLS) treatment protocols the Depart- emergency medicine. Completion of the Medical Com- ment has developed for the Statewide use of prehospital mand Base Station Course has been and would continue personnel when they are providing BLS services. to be a requirement for both physician positions. The terms ‘‘physician’’ and ‘‘registered nurse’’ would ‘‘Ambulance call report’’ would be the label the Depart- both be defined to mean a person licensed in this ment assigns to the form or other reporting mechanism, Commonwealth to practice the applicable profession, with perhaps through electronic data entry, by which it collects a current renewal or registration of that license. Conse- standardized patient data and other information from quently, wherever those terms would appear in the ambulance services under section 5(b)(3) of the act (35 regulations additional language pertaining to the license P. S. § 6925(b)(3)). being a current Pennsylvania license would not be re- quired. ‘‘Ambulance identification number’’ would replace the present term ‘‘vehicle identification licensure number.’’ ‘‘PSAP—Public safety answering point’’ would be used The change would be made because the Department does to label entities that dispatch ambulance services and not technically license ambulances, and to distinguish the other emergency response resources. term from the term ‘‘vehicle identification number’’ used A proposed definition of ‘‘service area’’ is included to by the Department of Transportation to identify vehicles. clarify to which political subdivisions an ambulance ser- ‘‘Board certification’’ would identify private certifying vice must provide notice when it is going out of business. bodies recognized by the Department wherever the regu- An ambulance service has a duty under section 12(q) of lations specify that a criterion for qualifying for a certain the act (35 P. S. § 6932(q)) to notify the chief executive position, such as a medical command physician, requires officer of each political subdivision in its service area at a board certification in a medical specialty. Reference to least 90 days prior to discontinuing service in that area. these certifying bodies would not, however, preclude the The definitions of ‘‘air ambulance medical crew mem- Department from considering persons with certifications ber,’’ ‘‘ambulance trip report number,’’ ‘‘BLS training issued by other private certifying bodies. The criteria for institute,’’ ‘‘closest available ambulance,’’ ‘‘EMS council,’’ issuing certifications used by the specified entities would ‘‘field internship,’’ ‘‘field preceptor,’’ ‘‘incident location,’’ comprise the baseline standards. The Department would ‘‘licensing agency,’’ ‘‘medical protocols,’’ ‘‘medical service grant an exception to the regulation, under § 1001.4 area,’’ ‘‘on-line communication,’’ ‘‘Pennsylvania Field Pro- (relating to exceptions), if a candidate could establish that tocols for BLS,’’ ‘‘prescribing physician,’’ ‘‘primary re- the certification that person received from another certify- sponse area,’’ ‘‘quick responder,’’ ‘‘transfer agreements’’ ing agency was issued under standards equal to or and ‘‘vehicle licensure identification number’’ would be greater than those employed by the private certifying removed. These terms would either no longer appear in bodies referenced in the definition. the regulations, be replaced by other terms, or not require A definition of ‘‘continuing education’’ would be added to definition as their meanings would be either clear or identify the objectives that learning activities would need otherwise explained in the regulations. to be designed to be recognized by the Department for Section 1001.3 (relating to applicability) identifies, in continuing education purposes. general terms, who is affected by Part VII (relating to emergency medical services) of the Department’s regula- ‘‘Direct support of EMS systems’’ would be defined tions. No substantive amendments are proposed. because section 17 of the act (35 P. S. § 6937), which requires that at least 75% of all funds available to the Section 1001.4 (relating to exceptions) provides a pro- Department for the initiation, expansion, maintenance, cess for persons to seek an exception to a regulatory evaluation and improvement of EMS systems be allocated requirement that is not also directly imposed by the act. for the direct support of EMS systems, does not define It would be amended to clarify that an exception to a
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 905 regulation in this part may be granted by the Depart- Section 1001.24 (relating to application for contract) ment, on its own initiative, when it determines that the pertains to applications for contracts to plan, initiate, substantive requirements of § 1001.4 have been satisfied. maintain, expand or improve an EMS system. It would be Currently, the regulation provides that an exception may amended to clarify that the application process set forth be granted only upon application to the Department. in the section applies only to contracts for this purpose. Section 1001.5 (relating to investigations) provides that No substantive amendments are proposed to the Department may investigate accidents involving am- §§ 1001.25—1001.27 (relating to technical assistance; re- bulances and complaints involving prehospital personnel strictions on contracting; and subcontracting). and EMS providers. These references do not adequately Section 1001.28 (relating to contracts with the Council) convey the scope of the Department’s investigatory activ- would be new. It would be added to clarify that some of ity under the act. The section would be revised to more the provisions in the subchapter do not apply to Depart- fully describe the scope of the Department’s investigatory ment contracts with the Council. It would also provide activities. that the Department will contract with the Council to Section 1001.7 (relating to comprehensive regional EMS provide it with the funds the Council needs to perform development plan) would be new. It would require each the duties imposed upon it by the act, and may contract regional EMS council to develop a regional plan for with the Council for it to assist the Department in coordinating and improving the delivery of EMS in the complying with the act. Act 82 amended section 14(d) of region for which it has been assigned responsibility by the act (35 P. S. § 6934(d)) to permit the Department to the Department. It would require that the regional EMS distribute EMSOF moneys to the Council. council give notice to the public and an opportunity for Subchapter C. Collection of Data and Information comment before submitting the plan to the Department for approval. Section 1001.41 (relating to data and information re- quirements for ambulance services) addresses an ambu- Section 1001.6 (relating to comprehensive EMS devel- lance service’s responsibility to complete an ambulance opment plan) would be amended to provide that the call report and to keep the report confidential. This regional EMS development plans would be incorporated section would be revised to delete the data elements into the Statewide EMS development plan. The section currently specified. The required data elements are iden- would also be amended to require public notice and an tified in the ambulance call report form and would opportunity for comment before the Department’s adop- continue to be so identified. The data elements are tion of a Statewide plan. revised from time to time by the Department, in consulta- The Statewide EMS development plan serves as a tion with the Council. The data elements currently speci- blueprint for how EMS problems are to be addressed and fied in the regulation are outdated. how EMS systems are to be maintained in this Common- Some of the data identifies patient condition and wealth. Section 10(a) of the act (35 P. S. § 6930(a)) treatment, while other data provides information on how requires the Department to enter into contracts for the well the EMS system is functioning. The ambulance initiation, expansion, maintenance and improvement of service would be required to provide the data solicited by EMS systems which are in accordance with the Statewide the form, and the form would specify which data is to be EMS development plan. This document is a planning handled in a confidential manner. The present regulation document which impacts on the Department’s distribution treats all data as confidential. ‘‘Ambulance call report’’ of funds for EMS systems. It is not a vehicle by which the would be defined in § 1001.2 (relating to definitions) in a Department is permitted to bypass the rulemaking pro- manner that would permit the report to be completed by cess to regulate providers of EMS. Consequently, the the electronic input of data if permitted by the Depart- Department would not be regulating providers of EMS ment. through this document. Subchapter B. Award and Administration of Funding This section would also be amended to require certain patient information solicited by the ambulance call report The title of this subchapter would be revised to replace to be reported immediately to a receiving facility, pre- the term ‘‘Contracts’’ with ‘‘Funding.’’ This change is scribe the time in which an ambulance call report is to be proposed because the scope of this chapter is not and completed after termination of services to the patient, and would not be confined to addressing the distribution of impose a duty upon an ambulance service to establish a funds through contracts exclusively. policy prescribing who is to complete the report on behalf of the ambulance service. The ambulance call report Section 1001.21 (relating to purpose) describes the would designate the data that is to be reported immedi- purpose of the subchapter on funding. It would be ately to the receiving facility. amended to recognize that section 10(j) of the act permits the Department to contract with entities to assist the Section 1001.42 (relating to dissemination of informa- Department to comply with the act. tion) identifies the circumstances under which an ambu- lance call report may be released. This section would be Section 1001.22 (relating to criteria for funding) identi- revised to provide that persons who prepare or secure fies criteria for the distribution of EMSOF funds to data from an ambulance call report by virtue of their contractors and other recipients of those funds. It would participation in the Statewide EMS system are required be amended to acknowledge that not all funding provided to prohibit access to only those data elements designated by the Department is through contracts—such as the as confidential by the Department in the body of the distribution of some of the EMSOF moneys to providers of ambulance call report. There is no need to keep confiden- EMS. These are more in the nature of grants. Some of the tial information that does not address the history, assess- funding priorities would also be revised. ment or treatment of the patient. Section 1001.23 (relating to allocation of funds) identi- Subchapter D. Quality Improvement Program fies some of the factors that are considered in determin- ing the amount of funds to be distributed to eligible The title of this subchapter would be amended to recipients. No substantive amendments are proposed. substitute ‘‘Improvement’’ for ‘‘Assurance.’’ The term
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 906 PROPOSED RULEMAKING
‘‘quality improvement’’ has generally replaced ‘‘quality Department concluded that some of the responsibilities assurance’’ in the health care industry. are set forth more than once, in slightly different lan- This subchapter would be amended to clarify that the guage. The section would be amended to eliminate the quality improvement program operated by the Depart- repetition. It would also be amended to require regional ment and regional EMS councils is to be limited to EMS councils to: notify emergency communications cen- monitoring and data collection activities. Section 5(b)(10) ters and municipal and county governments of available of the act empowers the Department to establish a EMS resources and any dispatch recommendations that it quality improvement program only for the purpose of or the Department may develop; assist prehospital per- ‘‘monitoring the delivery of [EMS].’’ The Department is sonnel and providers of EMS operating in the regional not empowered to impose patient service duties upon EMS system to meet licensure, certification, recertifica- providers of EMS or prehospital personnel under this tion, recognition, biennial registration and continuing provision. These clarifications would be made in education requirements, as well as assisting the Depart- §§ 1001.61 and 1001.62 (relating to components; and ment in ensuring that those requirements are met; regional programs). apprise medical command facilities and ALS ambulance services in the region when an EMT-paramedic or prehos- Sections 1001.63 and 1001.64 (relating to medical com- pital registered nurse loses medical command authoriza- mand facilities; and ambulance services), which now tion for an ambulance service in the region; and develop a require medical command facilities and ambulance ser- conflict of interest policy applicable to its employes and vices to participate in the quality improvement program, officials. would be deleted and replaced with § 1001.65 (relating to cooperation). This section would require all persons and Section 1001.125 (relating to requirements) deals with entities authorized by the Department to participate in matters such as the composition of the regional EMS the Statewide EMS system to provide the Department council when it is a nongovernmental body, and the and the regional EMS councils with data and reports composition of its advisory council when it is a govern- requested by them to monitor the delivery of EMS as part mental body. This section would be amended to require of quality improvement oversight. that if a regional EMS council is a unit of local govern- ment it shall have an advisory council representative of Subchapter E. Trauma Centers the professions and organizations designated in the act’s This subchapter, comprised of §§ 1001.81—1001.84, definition of ‘‘emergency medical services council,’’ as well was adopted by the Department under its duty under as health consumer representation, and that if the re- section 5(b)(12) of the act to integrate trauma centers into gional EMS council is a public or nonprofit organization, the Statewide EMS system. No substantive amendment its governing body shall satisfy the same representation would be made to these sections. requirements. The current regulatory designation of rep- resentatives is somewhat confining and not fully consis- Subchapter F. Requirements for Regional EMS Councils tent with the statutory language prescribing composition. and the Council The Department would replace that language with the Section 1001.101 (relating to governing body) specifies composition language contained in the act and consider standards for the governing bodies of the Council and whether the statutory representation requirements are regional EMS councils. It would not be amended. met on a case by case basis. Sections 1001.102 and 1001.103 (relating to council This section also requires a regional EMS council to director; and personnel) would be deleted. These sections have a medical advisory committee. As ‘‘medical advisory specify duties of directors of regional EMS councils and committee’’ is defined in § 1001.2, a majority of its the Council, and written policies and procedures that are members must be physicians. to be in place for both. Consistent with Executive Order Subchapter H. Additional Requirements for the Council 1996-1, the Department would delete these regulations because they are burdensome and do not serve a compel- No substantive revisions would be made to this ling interest, and because there are viable nonregulatory subchapter, comprised of §§ 1001.141—1001.143. alternatives that may be pursued to implement these Subchapter I. Research in Prehospital Care standards if they become necessary. The Department believes that it is counterproductive to micro-manage the Section 5(b)(3) and (4) of the act contemplates that the Council and the regional EMS councils. If the Depart- Department will permit data collected through the State- ment concludes that specific personnel and work policies wide EMS system to be used for research to identify are required for the Council or a regional EMS council to possible options for improving the system. The Depart- complete a project, the Department may include those ment’s planning responsibilities imply that the Depart- terms in the body of the contract covering the project. ment may authorize research to aid it in making planning decisions. This subchapter addresses the procedures for Subchapter G. Additional Requirements for Regional providers of EMS to engage in clinical investigations or EMS Councils studies that relate to direct patient care in the Statewide No substantive change would be made to §§ 1001.121, EMS system. 1001.122 and 1001.124 (relating to designation of regional EMS councils; purpose of regional EMS councils; and Section 1001.161 (relating to research) would be composition). Language would be added to § 1001.121 amended to revise the research proposal review process to which would require a regional EMS council to be provide for the proposal to be submitted directly to the representative of the professions and organizations as Department. The regulation would provide for the De- prescribed in the statutory definition of ‘‘emergency med- partment to then forward the proposal to the Council and ical services council’’ in section 3 of the act (35 P. S. the appropriate regional EMS council, for review and § 6923). Health care consumer representation would also recommendation back to the Department, if the Depart- be required. ment concludes that the proposal may have merit. Upon receiving those recommendations the regulation would Section 1001.123 (relating to responsibilities) identifies prescribe a 30-day time period for the Department to act. the major responsibilities of regional EMS councils. The The Department intends the time period for action to be
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 907 directory; that is, its failure to act within that time period and communication with a customary medical command would not result in automatic approval of the proposal. physician cannot be established, medical command physi- Under current procedures, the Department does not see cians unfamiliar with the ambulance service and its the proposal until after it is reviewed by the Council and prehospital personnel will sometimes decline to provide a regional EMS council. The regulation would also re- necessary medical command. The amendment would rem- quire the proposal to include a plan for providing the edy this problem. Department with progress reports and a final report, and To ease the difficulty of working with prehospital provide that the Department may terminate the research personnel with whom a medical command physician is prematurely if conditions of approval are not satisfied. unfamiliar, the regulation would be amended to provide Chapter 1003. Personnel the medical command physician with discretion regarding This chapter addresses qualifications and responsibili- the treatment protocols to follow. The section would state ties of persons involved in the Statewide EMS system. It that in providing medical command to ground ambu- also addresses the disciplinary process for prehospital lances, the medical command physician may follow the personnel certified or recognized by the Department, the transfer and medical treatment protocols that apply medical command authorization process, continuing edu- either in the EMS region in which treatment originates, cation requirements applicable to certain types of prehos- or in the EMS region in which the prehospital personnel pital personnel and continuing education options appli- first receive medical command from the medical command cable to others, and the accreditation standards for physician. sponsors of continuing education. Procedures for physicians to secure approval as medical Subchapter A. Administrative and Supervisory EMS Per- command physicians, which are not now addressed in the sonnel regulations, would be explained in this section. There has been a widespread perception that it is the Department’s Section 1003.1 (relating to Commonwealth Emergency responsibility to approve medical command physicians. Medical Director) specifies the duties of the Common- This is not technically correct. A provision of the act may wealth Emergency Medical Director. It would not be not authorize the Department to approve medical com- revised in a substantive manner. mand physicians. Section 11(f) of the act (35 P. S. Section 1003.2 (relating to regional EMS medical direc- § 6931(f)) provides that physicians shall be approved as tor) specifies the duties of regional EMS medical direc- medical command physicians by regional EMS councils, tors. It would be revised to clarify that the regional EMS which shall then notify the Department of the approvals. medical director does not function independent of the The Department is, however, responsible for prescribing regional EMS council except when acting upon appeals the criteria physicians must satisfy to qualify as medical from adverse medical command authorization decisions. command physicians. See definition of ‘‘medical command’’ As the regulation currently reads, it purports to impose in section 3 of the act. Regional EMS councils are upon regional EMS medical directors responsibilities the obligated to approve a physician as a medical command act imposes upon regional EMS councils. This section physician if the physician meets the prescribed criteria. would also be amended to exclude a paragraph regarding The regulation would explain that a physician may medical advisory committees. The existing paragraph seek a determination of medical command physician merely repeats provisions in § 1001.125 (c) and (d) qualifications directly by a regional EMS council, or may (relating to requirements). participate in a voluntary medical command physician certification program administered by the Department. If Section 1003.3 (relating to medical command facility the physician chooses the latter option and receives medical director) specifies the qualifications and responsi- certification, and demonstrates that he or she will func- bilities of a medical command facility medical director. It tion under the auspices of a medical command facility, the would be amended to require that a physician complete regulation would provide that a regional EMS council to either an APLS (advanced pediatric life support) or a which the physician applies for medical command physi- PALS (pediatric advanced life support) course, among cian approval shall grant the approval. other criteria, to qualify as a medical command facility medical director if the physician is not board certified in Functioning under the auspices of a medical command emergency medicine. Completion of an ACLS (advanced facility is and would continue to be a requirement for cardiac life support) course would be required every 2 approval of a medical command physician by a regional years to continue to qualify. Completion of an ATLS EMS council. The Department prescribes the equipment (advanced trauma life support) course would be required and personnel requirements for a medical command only once. A similar change would be made to § 1003.4 facility. See definition of ‘‘medical command facility’’ in (relating to medical command physician). The regulation section 3 of the act. While no provision of the act compels would also be amended to provide that the physician a facility to seek Department approval before operating as could satisfy some course requirements specifically men- a medical command facility, section 11(j)(4) of the act tioned in the regulation by completing other programs affords civil immunity for good faith medical commands determined by the Department to meet or exceed the given to prehospital personnel only if the medical com- standards of the specified programs. mand facility has been ‘‘recognized’’ by the Department. Section 1003.4 (relating to medical command physician) The Department administers a program for the recogni- specifies the qualifications and responsibilities of a med- tion of medical command facilities. If a physician applies ical command physician. It would be amended to include to a regional EMS council for approval as a medical the same options as mentioned in the prior paragraph. command physician, and the medical command facility for Another amendment would be to require a medical which the physician intends to function has not received command physician to provide medical command when- a certificate of recognition from the Department, the ever it is sought from prehospital personnel. The Depart- physician would need to establish to the regional EMS ment has received complaints from ambulance services council that the facility meets the criteria for a medical that transport initially stable patients over long dis- command facility prescribed by the Department. However, tances, that when emergencies arise during transport, if the facility has a current certificate of recognition from
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 908 PROPOSED RULEMAKING the Department, the regulation would provide that the Provisions would also be added to or incorporated by regional EMS council shall accept the certificate instead reference in each section relating to prehospital personnel of requiring the physician to prove that the facility meets who perform BLS services exclusively (this section and Department-prescribed standards. §§ 1003.22 and 1003.23 (relating to first responder; and Because medical command physicians may provide EMT)), to permit personnel to perform specified skills medical command to ambulance services operating out of only if authorized to do so by the medical director of the more than one region, and may be providing medical ambulance service. For example, this section would per- command for patients who cross regional borders, the mit an ambulance attendant to use an automated exter- regulation would also require a medical command facility nal defibrillator when authorized by the ambulance ser- to give notice to the regional EMS council in each region vice medical director. While the act requires an ALS in which it expects medical command physicians function- ambulance service to have a medical director, it does not ing under its auspices will be providing medical com- require a BLS ambulance service to have a medical mand, and to explain the circumstances under which director. Nevertheless, personnel on a BLS ambulance medical command would be given in that region. service would not be permitted to perform those few skills which the regulations would condition upon medical No substantive change would be made to § 1003.5 director approval unless the BLS ambulance service (relating to ALS service medical director). secures the services of a medical director. Subchapter B. Prehospital and Other Personnel Section 1003.22 (relating to first responder) specifies Section 1003.21 (relating to ambulance attendant) the qualifications and functions of a first responder. It would be amended to explain the ambulance attendant’s would include scope of practice and good Samaritan role when staffing an ambulance service and to identify amendments similar, but not identical, to those proposed the services an ambulance attendant may perform when for § 1003.21 (relating to ambulance attendant). The first serving on an ambulance crew. It would also clarify that responder’s scope of practice is governed by the BLS notwithstanding the structured role that an ambulance training a first responder has received in a course the attendant performs when serving as a member of an Department has approved for first responder training. At ambulance’s crew, an ambulance attendant may provide present, that scope of practice is the scope of services BLS services separate from an ambulance service in an embraced by the Emergency Responder course taught by emergency, with nonmedical good Samaritan civil liability the American Red Cross—which is also the American Red protection. Cross’s basic course in advanced first aid—the course establishing the scope of practice for an ambulance The 16 years of age criterion now in the regulation attendant. However, a first responder’s scope of practice would be removed since the act sets no age requirement may exceed that of an ambulance attendant if the for an ambulance attendant. The age requirement for an Department develops or approves courses for first re- ambulance attendant is regulated by the child labor laws sponder training which teach skills in addition to those in this Commonwealth, not the act. The child labor laws taught in an advanced first aid course sponsored by the prohibit a minor under 16 years of age from serving as an American Red Cross. The Department proposes to pub- ambulance attendant. See sections 2 and 7.3(g) of the lish, at least annually, a list of first responder skills Child Labor Law (35 P. S. §§ 42 and 48.3(g)). taught in the most recent courses approved by the The Department of Labor and Industry advises that the Department for first responder training. following requirements apply to persons under 18 years of Unlike an ambulance attendant, who requires no certi- age who work for a volunteer ambulance service as an fication from the Department, to function as a first ambulance attendant and who have not graduated from responder an individual must be certified by the Depart- high school or been declared by the chief school adminis- ment and then meet recertification requirements every 3 trator to have achieved their academic potential. They are years. This section would be amended to facilitate entry permitted to receive on-the-job training as ambulance into the Statewide EMS system of individuals who func- attendants only if they have secured employment certifi- tion or have functioned as first responders in other states, cates and are at all times under the constant supervision by providing that the Department will accept in lieu of of an adult ambulance company member. They may not successful completion of the education and tests preap- serve as ambulance attendants for more than 8 hours in 1 proved by the Department, successful completion of edu- day, and must be given a half-hour off duty lunch break if cation and tests that led to first responder or an equiva- they are on duty for more than 5 continuous hours. They lent status in another jurisdiction, provided the may not serve on duty later than 12 a.m. on school Department concludes that those education and testing nights, nor later than 1 a.m. on Friday or Saturday requirements are equal to or greater than those required nights during the school term; however, if they respond to for certification in this state. Using this criteria, the a call prior to the deadline, they may continue to serve Department has accepted and would continue to accept, during the duration of the response to that call. These among other examinations, the written and practical requirements may change if the Child Labor Law or skills examinations administered for the emergency re- regulations adopted under that law are amended. sponder certification issued by the American Red Cross. This section would also be amended to clarify that the Section 1003.23 (relating to EMT) specifies the qualifi- services that an ambulance attendant may provide are cations and role of an EMT. It would be amended similar governed by the first aid skills taught in an advanced to the manner in which § 1003.21 (relating to first first aid course sponsored by the American Red Cross. As responder) would be amended. Provisions relating to EMT new first aid skills are added to the curriculum, an instructor certification would be removed. That subject ambulance attendant’s scope of practice would expand if matter would be addressed in new §§ 1003.23a and the ambulance attendant has received the necessary 1011.1 (relating to EMS instructor certification; and BLS training. The Department proposes to publish, at least and ALS training institutes). annually, a list of the advanced first aid skills taught in the most recent advanced first aid course sponsored by Section 1003.23a (relating to EMS instructor certifica- the American Red Cross. tion) would be new. Current provisions for EMT instruc-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 909 tor certification would be removed from § 1003.22 (relat- sional’’ states that a physician qualifies to function in that ing to EMT) and, with some amendments, would be capacity if the physician has ‘‘education and continuing inserted in this section. There is no statutory mandate for education in [ALS] and prehospital care.’’ 35 P. S. § 6923. EMS instructor certification. However, the Department It does not provide for the Department to certify health offers this certification program to potential instructors to professional physicians or to set standards physicians improve the quality of training in EMS training insti- would be required to meet to serve as health professional tutes. physicians. Therefore, it is incumbent upon a physician and the ambulance service that uses the physician as a Section 1003.24 (relating to EMT-paramedic) specifies health professional to ensure that the physician is prop- the qualifications and role of an EMT-paramedic. It would erly educated and experienced to serve in that capacity. If be amended to acknowledge that an EMT-paramedic may they need assistance in making this assessment they may provide EMS as a Good Samaritan in addition to provid- seek guidance from the Department, regional EMS coun- ing EMS for an ambulance service. cils, and professional organizations with relevant exper- Transition provisions for persons to convert certain tise, such as the Pennsylvania Chapter of the American certifications to EMT-paramedic certification, which were College of Emergency Physicians. needed when the regulations were adopted in 1989, would Section 1003.25b (relating to prehospital registered be deleted as they no longer have any relevance. nurse) specifies the qualifications and role of a prehospi- As the sections relating to first responders and EMTs tal registered nurse. It would be revised to acknowledge would be amended to facilitate entry into the Statewide that a prehospital registered nurse may perform EMS as EMS system of individuals who function or have func- a medical good Samaritan, in addition to functioning as a tioned in those capacities in another state, this section prehospital registered nurse. It would also include en- would be similarly amended, by providing that the De- dorsement provisions permitting persons who are licensed partment will accept in lieu of successful completion of as registered nurses in this Commonwealth, who have the education and tests preapproved by the Department, functioned in the capacity of a prehospital registered successful completion of education and tests that led to nurse in another jurisdiction, to obtain recognition as a EMT-paramedic status in another jurisdiction, provided prehospital registered nurse from the Department the Department concludes that those education and test- through an abbreviated process. It would further be ing requirements are equal to or greater than those revised to clarify the scope of practice of a prehospital required for certification in this Commonwealth. registered nurse by providing that the person could perform those ALS services authorized by The Profes- Scope of practice provisions would be revised to accom- sional Nursing Law (63 P. S. §§ 211—225), which exceed modate changes in accepted ALS practice by EMT- the scope of practice of an EMT-paramedic, when autho- paramedics without constantly revisiting and amending rized by a medical command physician through either the regulation to permit the performance of additional direct medical command orders or standing treatment skills. To be able to perform those additional services the protocols. EMT-paramedic would be required to receive appropriate training either in a course approved by the Department Section 1003.26 (relating to rescue personnel) pertains towards securing certification as an EMT-paramedic, in a to the Department’s certification of rescue personnel. It course determined by the Department to meet or exceed would be amended to clarify that the Department ap- an EMT-paramedic training course preapproved by the proves courses for rescue personnel and issues certifica- Department, or in a Department-approved continuing tions to persons who complete those courses. Receipt of a education course. The Department proposes to publish, at certification is not, however, required by law as a precon- least annually in the Pennsylvania Bulletin, a list of dition to freeing an entrapped person. The Department is EMT-paramedic skills taught in the most recent courses granted no regulatory oversight over rescue activities approved by the Department for EMT-paramedic training. under the act. The Department approves rescue programs and issues rescue technician certificates as a public Section 11(d)(2)(vi) of the act provides that if an EMT- service, in an effort to ensure that there are a sufficient paramedic loses medical command authorization, and number of personnel throughout this Commonwealth who chooses to function at the BLS level, the EMT-paramedic have appropriate training and skills to perform rescues. must secure EMT certification in accordance with Depart- The certification would merely reflect the Department’s ment regulations. The practical effect of this provision is opinion that the person is qualified to perform the rescues that it requires that EMT-paramedic to secure continuing taught in the approved course. The section would be education or pass practical skill and written examinations revised to clarify that receiving a rescue certification every 3 years, to replace the annual continuing education issued by the Department is not a legal precondition to and skill proficiency requirements that the EMT- performing rescues. paramedic would have been required to satisfy if medical command authorization had been maintained. The De- No substantive change is being proposed to § 1003.27 partment would amend the regulation to permit the (relating to disciplinary and corrective action). EMT-paramedic to provide BLS services for 30 days Section 1003.28 (relating to medical command authori- without EMT certification, for the ALS ambulance service zation) specifies the criteria for an ALS service medical under the paramedic’s medical command authorization director to grant medical command authorization, and the was removed or relinquished, provided that ambulance procedures for EMT-paramedics and prehospital regis- service’s ALS service medical director so authorizes. tered nurses to appeal ALS service medical director decisions to deny, restrict or remove medical command Section 1003.25a (relating to health professional physi- authorization. It would be amended in several respects. cian) would be revised, as some of the preceding sections, The options available to the ALS service medical director to acknowledge that a health professional physician may to assess the competence of the ALS practitioner seeking perform EMS as a medical good Samaritan. It would also medical command authorization would be expanded. be amended to eliminate conditions the section currently specifies for a physician to function as a health profes- Also, there would be limitations on how an ALS service sional physician. The act’s definition of ‘‘health profes- medical director could restrict medical command authori-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 910 PROPOSED RULEMAKING zation. The Department believes that patient welfare Section 1003.30 (relating to accreditation of sponsors of would be compromised if a patient was treated by an ALS continuing education) would be amended to permit a practitioner who was not permitted to perform an ALS continuing education sponsor to secure prior approval of skill required by the patient and generally permitted continuing education courses, and permit the continuing under medical command authorization. Consequently, the education sponsor to assign credit hours to a continuing regulation would be revised to provide that if the ALS education course it presents in a classroom setting, if the practitioner demonstrated certain deficiencies, the ALS Department gives it approval to do so after determining service medical director could continue to extend medical that it has demonstrated a history of understanding and command authorization to the individual with restrictions compliance with the regulatory standards for providing such as requiring the individual to perform certain continuing education to prehospital personnel. functions under on-scene supervision. However, short of withdrawing the practitioner’s medical command authori- Section 1003.31 (relating to credit for continuing educa- zation, an ALS service medical director could not preclude tion) would be new. It would define what constitutes a the individual from performing functions within that credit hour, and time units of instruction for which credit practitioner’s scope of practice as permitted by the med- would be awarded. It would also make provision for ical treatment protocols in the region out of which the continuing education credit to be awarded for teaching, individual practices. Another type of restriction that self study courses and other courses not presented in a would be authorized would be to prescribe continuing classroom setting, and for courses offered by organiza- education requirements greater than that required for tions with National or state accreditation to provide other ALS personnel serving the ambulance service. This education. Additional matters that would be addressed would require that the ALS service medical director has are how continuing education credits would be reported to determined that the individual does not demonstrate prehospital personnel, and the procedure for resolving sufficient competence in performing a skill and that the disputes when a prehospital practitioner believes that he number of continuing education hours generally required or she has not received credit that has been earned. are not sufficient to provide the education the practitioner Section 1003.32 (relating to continuing education spon- needs to remedy the problem. sors) would also be new. This section would specify Other amendments would include a provision stating responsibilities of a continuing education sponsor with that in hearings in which medical command authorization respect to keeping records of attendance, reporting atten- decisions are appealed the burden of proof is a preponder- dance, having a mechanism for course evaluation, retain- ance of the evidence, and provisions addressing when ing records, monitoring compliance and making available service of documents is consummated and how time various reports and records to the Department. periods for filing hearing documents are to be calculated in the appeal process. Section 1003.33 (relating to advertising) would be an- other new section. It would address how a continuing Section 1003.29 (relating to continuing education re- education sponsor may advertise a course approved by quirements) specifies the continuing education require- the Department, as well as a course for which Depart- ments and options for prehospital personnel. It would also ment approval is being sought, but has not yet been include several amendments. The total number of con- obtained. tinuing education credit hours applicable to each category of certified or recognized prehospital practitioner would Section 1003.34 (relating to withdrawal of accreditation not change. However, for each type of practitioner a or course approval) would also be new. It would provide specified number of continuing education hours in med- for the Department to withdraw accreditation, downgrade ical and trauma education would be designated. Transi- accreditation to provisional status or withdraw approval tion periods would be provided before the medical and of a continuing education course applicable to any future trauma continuing education requirements would take presentation of the course. effect. Also, the Department’s existing practice of prorat- The Department would delete Subchapter C (relating to ing annual continuing education requirements during the air ambulance personnel), and address much of the first calendar year an EMT-paramedic is certified or a subject matter of this subchapter in Chapter 1007 (relat- prehospital registered nurse is recognized, based upon the ing to the licensing of air ambulance services—rotorcraft). month the certification or recognition is secured, would be The Department believes that some of the provisions in set forth in the regulation. this subchapter, such as those in §§ 1003.43 and 1003.44 The options for satisfying continuing education CPR (relating to air ambulance pilot; and air ambulance requirements would be expanded. CPR requirements communications specialist), exceed the Department’s rule- could be met by not only attending a CPR course, but, making authority, since it has been given no authority alternatively, by teaching a CPR course. To secure credit under the act to regulate either communications special- for teaching, the individual would not need to be the ists or pilots. The more appropriate focus of the Depart- primary instructor. ment’s regulatory oversight is on the air ambulance service itself. Language would also be added to clarify that an ambulance service is not precluded from imposing con- Also, the provision in § 1003.42 (relating to air ambu- tinuing education requirements in excess of those re- lance crew members), that requires minimum staff in an quired by the regulation, as a condition of employment, air ambulance to consist of two ALS prehospital practitio- except that the ambulance service could not establish ners, is inconsistent with the staffing requirements of individual requirements for ALS practitioners other than section 12(g) of the act (35 P. S. § 6932(g), which requires as authorized in § 1003.28(c)(2) (relating to medical an ALS ambulance (no statutory distinction is made command authorization). between air and ground ALS ambulances) to be staffed by two prehospital personnel but only one ALS practitioner Current provisions relating to continuing education when providing treatment and transport to patients. through endorsement would be relocated in proposed new While the Department continues to encourage air ambu- § 1003.31 (relating to credit for continuing education). lance services to staff air ambulances with a minimum of
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 911 two ALS practitioners, it has no statutory authority to would be timely filed, the ambulance service would have mandate that minimum staffing complement through authority to continue to use the ambulance unless its regulations. authority to do so would be disapproved following Depart- The Department does have statutory authority to regu- ment inspection. late air ambulance services to ensure that they operate in Subsection (e) would require an ambulance service to a safe and efficient manner. Consequently, many of the apply for an amendment of its license prior to substan- responsibilities that have been in Subchapter C as re- tively altering its plan for locating and operating ambu- sponsibilities of individuals such as pilots, medical crew lances. For example, relocating ambulances within the members and communications specialists, would be incor- same service area would not be a substantive alteration porated in amendments to Chapter 1007 and imposed and would not require an application for amendment. upon the air ambulance service itself. Moving ambulances to establish a new service area would Chapter 1005. Licensing of BLS and ALS Ground Ambu- be a substantive alteration and would require an applica- lance Services tion for an amendment of the license. The Department would need to ensure that all licensure criteria are This chapter specifies the licensure and operating crite- satisfied at the new or additional location before opera- ria for ground ambulance services. The term ‘‘ground’’ tions could commence. would be included in the title to clarify that the scope of this chapter relates to ground ambulance services exclu- Amendments that would change the application proce- sively. Chapter 1007 pertains to air ambulance services. dure are that regional EMS councils would no longer be required to forward a complete and accurate application Section 1005.1 (relating to general provisions) would be to the Department, and then await Department direction amended to state that Chapter 1005 applies to ground before scheduling an onsite inspection of the applicant. ambulance services. Subsection (c) would be revised to Regional EMS councils, without Department direction, identify types of ambulance vehicles an ALS ambulance would simply schedule the inspection when the applica- service may employ rather than modes of ALS ambulance tion is complete and appears to be accurate. Also, regional service operations. EMS councils would not be required to review the Section 1005.2 (relating to applications) would be re- application for conformance with regional plans before vised to reflect that there would be a change in some of they conduct a survey. Actually, they do not do that the information solicited by an application for licensure. currently even though the regulation states that they are The most significant changes are that the application supposed to. Instead, the inspector would review the would require that the applicant provide a roster and policies and procedures of the applicant during the sur- staffing plan, and identify the physical structures where vey, and ensure that necessary policies are in place. ambulances will be located or a plan for locating and operating ambulances if not responding out of fixed Section 1005.3 (relating to right to enter, inspect and buildings. Also, the application would require the signa- obtain records) pertains to an ambulance service’s duty to ture of the principal official of the applicant. permit employes of the Department or regional EMS councils to conduct inspections, review the applicant’sor Another change would be that instead of requesting the ambulance service’s policies, and secure copies of records applicant to identify primary and mutual aid service from it. It would be revised to clarify that the ambulance areas, the application would require the applicant to service has a duty to permit the review and that its identify an emergency service it commits to serve when failure to do so constitutes misconduct and a basis for called upon. An ambulance service that generally confines discipline. its operations to interfacility transports would not need to commit to providing emergency response to an area, but, Section 1005.4 (relating to notification of deficiencies to if it had an available ambulance and crew, would be applicants) pertains to how the Department and the required to respond to an emergency if dispatched. regional EMS council interact with an applicant if there are deficiencies following an onsite inspection. It would be Mutual aid agreements would continue to be encour- revised to relate that the inspector will provide the aged, but they would not be required for licensure. There applicant with an inspection report specifying deficiencies are three reasons for this. First, some ambulance services immediately upon completing the inspection. It would engage almost exclusively in interfacility transports. They further revise procedures for the regional EMS council have little need for mutual aid arrangements. Second, securing a plan of correction and conducting a reinspec- some ambulance services have attempted to keep com- tion. Finally, it would provide for Department involve- petitors from locating in their service areas by refusing to ment to address disputes upon the request of the appli- enter into mutual aid agreements with them, and have cant. then argued to the Department that those competitors do not meet required standards for licensure because they Section 1005.5 (relating to licensure) identifies the have no mutual aid agreement. Third, the Department is indicia of licensure issued to ambulance service and proposing to revise § 1005.10 (e) (relating to licensure directs ambulance services where to place those items. and general operating standards) to require ambulance This section would be amended to specify changes in services to contact PSAPs when unable to respond to an some of the information included in the license certificate. emergency, instead of the ambulance service making its Clarification would be provided that the ambulance decal own arrangement for a substitute ambulance service. is considered part of the license and is to be placed in a This should ensure that the most appropriate backup conspicuous place on the outside of the ambulance. The ambulance service is contacted to respond to an emer- requirement that a license be posted in a conspicuous gency, rather than a less appropriate ambulance service place on the ambulance is set forth in section 12(j) of the that would have been contacted solely to honor a mutual act. aid agreement. Section 1005.6 (relating to out-of-State providers) recog- Subsection (d) would be added to require an ambulance nizes the statutory permission for ambulance services not service to file a change of vehicle form within 10 days licensed in this Commonwealth to transport patients from after placing a new ambulance in operation. If the form outside the borders of this Commonwealth to facilities
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 912 PROPOSED RULEMAKING situated inside this Commonwealth’s borders. The lan- has education and continuing education in ALS prehospi- guage would be revised, but no material amendment tal care, provided that the arrangement would be specifi- would be made to this section. cally authorized by the Department upon its determina- Section 1005.7 (relating to services owned and operated tion that the arrangement is in the public interest. This by hospitals) parallels provisions in section 12(r) of the has occurred in one remote rural area and may be act which permits institutions licensed as hospitals by the necessary in others. Department to operate their own ambulance service A provision of the regulation dealing with who may without securing a separate license from the Department accompany a patient in the patient compartment, which to operate an ambulance service. In all other matters, the was inconsistent with language in the act, would be ambulance service operations of hospitals are subject to revised to eliminate that inconsistency. the requirements of the act and this part. No substantive The manner in which ambulance services may meet amendment is proposed to this section. minimum staffing requirements would be addressed and Section 1005.7a (relating to renewal of ambulance clarified. service license) would be new. It would explain that the The Department is not empowered by the act to criteria for the renewal of a license is the same as the regulate persons who drive ambulances. However, section criteria would be for securing an initial license if an 12(h)(1) and (4) of the act state that conditions for initial license had been sought at the time the renewal licensure include that an ambulance service be staffed by was required. A time period for filing a renewal applica- responsible people, and that it operate in a safe and tion prior to the expiration of a current license would be efficient manner. Subsection (d)(3) would identify mini- specified. mum standards a person must meet for the Department Section 1005.8 (relating to provisional license) pertains to consider a driver to be a ‘‘responsible’’ person. The to the license the Department is permitted to issue to an ambulance service would be required to ensure that each ambulance service when it fails to meet multiple minor person it permits to drive its ambulances meets these licensure requirements, or even a significant requirement, requirements. if the Department considers the operation of the ambu- Subsection (e) would address an ambulance service’s lance service to be in the public interest. Section 12(m) of duty to communicate with PSAPs. Community Life Sup- the act permits the Department to issue a provisional port Systems, Inc., et al. v. Department of Health, 689 license for 6 months and to renew it for an additional 6 A.2d 1014 (Pa. Cmwlth. 1997) and Mars Emergency months under regulations established by the Department, Medical Services, Inc. v. Township of Adams and Borough except a renewal may be for 12 months if the ambulance of Callery, 704 A.2d 1143 (Pa. Cmwlth. 1998), clarify that service is a volunteer BLS ambulance service, or a the Department is not empowered by the act to regulate volunteer fire department or rescue service that operates the dispatching of ambulance services. Nevertheless, as a BLS ambulance service. The only significant change the lead agency for EMS in this Commonwealth, the proposed by the Department is that to secure a renewal Department needs to ensure that ambulance services of a provisional license the applicant would need to show provide information to PSAPs that may influence dis- that it had made a good faith effort to comply with a patch decisions. Consequently, the Department is propos- course of correction approved by the Department. ing to require an ambulance service to give a PSAP in its Section 1005.9 (relating to temporary license) pertains area advance notice when it will not be in operation, and to the license that the Department is permitted to issue to communicate with and provide information to PSAPs to an ALS ambulance service that cannot provide service as they request to aid them in implementing dispatch 24 hours a day, 7 days a week. Once again, the most protocols. significant factor affecting the Department’s decision re- The responsibility to communicate would continue after garding whether to issue a temporary license under these an ambulance service receives a call and then determines circumstances is whether the issuance of the license that it is unable to mobilize its resources to respond to an would be in the public’s interest. No significant amend- emergency. These communications from ambulance ser- ment is proposed. vices will enable the PSAPs to timely contact and dis- Section 1005.10 (relating to licensure and general oper- patch other available EMS providers when the public ating standards) is the section that enumerates most of interest so warrants. the standards an ambulance service needs to meet to Finally, this portion of the regulation would require become licensed and to continue operations. Compliance ambulance services to respond to calls for emergency with many of the current standards, as well as several of assistance as communicated by the PSAPs. Unfortunately, the proposed additional standards, cannot be fully judged the Department has received reports of ambulance ser- until the ambulance service has become licensed and vices arguing with each other as to which of them has the commences operations. The Department proposes to right to treat and transport a patient. Financial consider- amend the title of the section by including a reference to ations cannot be permitted to undermine or delay patient ‘‘general operating standards’’ to emphasize that the care. While there may be some dispute between munici- enumerated standards continue to apply after ambulance palities, counties and PSAPs as to who has the authority service licensure. to resolve which ambulance service among two or more Additional changes proposed are that the ambulance similarly licensed ambulance services is best suited to service would need to maintain documentation of its plan provide care to a patient on a case by case basis, the for ensuring that minimum staffing requirements are PSAP is the entity through which ambulance service met, a record of calls to which it did not respond and the receives the dispatch communication. The Department reasons for not responding, a record of time periods that believes that an orderly Statewide EMS system is best the ambulance service was not in operation and documen- achieved when ambulance services follow the dispatch tation that appropriate notification was given to relevant directions communicated by PSAPs, regardless of the PSAPs, and a copy of all policies required by the section. entity empowered to determine the dispatch protocol. A BLS ambulance service would be permitted to carry The Department would also revise the subsection (g) ALS equipment and drugs if it has a medical director who requirements pertaining to the use of lights and other
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 913 warning devices by providing that an ambulance service require assistance, but who are not anticipated to require may use these devices only when transporting or respond- emergency medical care during transport. No amendment ing to a call involving a patient who presents or is in good is being proposed. faith perceived to present a combination of circumstances Section 1005.15 (relating to discontinuance of service) resulting in a need for immediate medical intervention. would be new. This section would address and clarify the Driving an ambulance at rapid speeds, even when alert- duty imposed upon an ambulance service, by section 12(q) ing pedestrians and drivers of other vehicles through the of the act, to not discontinue its operations prior to giving use of warning devices, creates a dangerous situation. the public, the Department and political subdivisions in That danger should be avoided unless compelling circum- its service area at least 90 days advance notice. The stances dictate otherwise. regulation would also require the ambulance service to The subsection (f) provisions relating to scene control provide similar notice to emergency communications cen- would be replaced by provisions addressing who may ters in the EMS region in which it would be ceasing manage patient care at the scene of the emergency and in operations. the ambulance. Chapter 1007. Licensing of Air Ambulance Services— The Department also proposes to impose upon an Rotorcraft ambulance service a duty to report to a regional EMS This chapter specifies the licensure and operating crite- council an accident, injury or fatality involving an ambu- ria for air ambulance services. Several sections in Chap- lance vehicle or a member of an ambulance crew while ter 1005 (relating to licensing of BLS and ALS ground performing functions on duty. This information will be ambulance services), that would be applicable to ground examined and evaluated in considering how to better ambulance services, would be equally applicable to air protect ambulance personnel and the public during ambu- ambulance services. Express provision would be made in lance service operations. this chapter to incorporate applicable provisions in Chap- Additional responsibilities that would be imposed would ter 1005. Consequently, some of the current sections in be for an ALS ambulance service to apprise an appropri- this chapter would not be needed. The unnecessary ate regional EMS council as to who has medical command provisions would be deleted. authorization for that ambulance service, and any change As a preliminary matter, the Department received in that status, and for an ambulance service to monitor comments during the process of developing proposed compliance with all requirements the act and the regula- amendments that the regulations should be extended to tions impose upon the ambulance service and its staff. entities that operate fixed-wing aircraft that provide Section 1005.11 (relating to drug use, control and medical treatment and transport of patients. The Depart- security) would be amended to better clarify the circum- ment is considering the recommendation, but is not stances under which ambulance services may stock and prepared to propose regulations regulating such entities carry drugs, and would address which drugs may be used, at this time. requirements for securing and maintaining those drugs, Section 1007.1 (relating to general provisions) specifies and who may administer such drugs. Some of the most general standards applicable to air ambulance services. significant proposals deal with drugs being brought upon The most significant amendment of this regulation would a BLS ambulance by ALS personnel when those personnel be the addition of a subsection (e). That subsection would rendezvous with a BLS ambulance to treat an ALS specify the sections in Chapter 1005 (relating to licensing patient, circumstances under which health professionals of BLS and ALS ground ambulance services) that would may bring drugs upon an ambulance and use those drugs apply to air ambulance services as well as ground ambu- upon patients other than as authorized by the applicable lance services. These would include §§ 1005.3—1005.5, regional transfer and medical treatment protocols, and 1005.7a, 1005.8, 1005.9, 1005.11, 1005.13 and 1005.15. continuation of hospital ordered medication on an ambu- lance by a nurse, physician or physician assistant when All air ambulance services are licensed to provide ALS the ambulance is involved in an interfacility transport. care. Some of the sections that would be referenced in subsection (e) would impose different requirements upon Section 1005.12 (relating to disciplinary and corrective a ground ambulance service depending upon whether the actions) pertains to the disciplinary process applicable to service was licensed to provide ALS care or only BLS ambulance services. The title of the section would be care. This subsection would clarify that the provisions of changed from ‘‘Grounds for suspension, revocation or those sections which would apply to air ambulance ser- refusal of an ambulance service license’’ because the scope vices are those which would apply to ground ALS ambu- of this section exceeds the enumeration of grounds for lance services. discipline. The most significant amendments proposed would be to add as a basis for discipline not communicat- Section 1007.2 (relating to applications) specifies the ing with PSAPs as would be prescribed in § 1005.10(e) information solicited by applications for air ambulance (relating to licensure and general operating standards), service licenses. It would be amended to identify changes and revising how the Department would communicate in some of the information that would be solicited. The with ambulance services and complainants during and section would also be amended to direct the applicant to upon completion of complaint investigations. file the license application with the regional EMS council having responsibility for the region in which the applicant Section 1005.13 (relating to removal of ambulances intends to station its air ambulances, and it would from operation) pertains to the removal of an ambulance prescribe how the application is to be processed by the from operation when there is a mechanical or equipment regional EMS council. The section would further be deficiency that poses a significant threat to the safety of amended to include a subsection identifying changes in patients or crew. No substantive amendment is being the operations of the air ambulance service which would proposed. require a license amendment. Section 1005.14 (relating to invalid coaches) pertains to Section 1007.3 (relating to licenses) would be deleted. a statutory exemption from ambulance requirements for This section addresses matters such as the Department vehicles that are used to transport individuals who procedures for reviewing air ambulance license applica-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 914 PROPOSED RULEMAKING tions and display of the license. Some of the procedures patients requiring ALS care. The statute makes no dis- would be revised in § 1007.2 (relating to applications). tinction between air and ground ALS ambulance services Other matters would be addressed in § 1005.5 (relating in this regard. The Department has no authority to to licensure). Section 1007.1(e) (relating to general provi- mandate an air ambulance service to exceed the staffing sions) would make § 1005.5 applicable to air ambulance standards enumerated in section 12(g) of the act. Of services. course, an air ambulance service is free to exceed the minimum staffing standards prescribed by statute, and Section 1007.4 (relating to renewal of air ambulance should do so if providing proper care to patients requires license) would be deleted. This section addresses various it to exceed those standards. procedures to be followed for the renewal of an air ambulance service license. This subject matter would be Section 1007.8 (relating to disciplinary and corrective addressed in § 1005.7a (relating to renewal of ambulance actions) deals with the disciplinary process applicable to service license). Section 1007.1(e) (relating to general air ambulance services. The amendments proposed to this provisions) would make § 1005.7a applicable to air ambu- section are virtually the same as those proposed to the lance services. counterpart section pertaining to ground ambulance ser- vices, § 1005.12 (relating to disciplinary and corrective Section 1007.5 (relating to inspections) would be de- actions). leted. This section deals with the authority of Department employes and agents to conduct inspections and investi- Section 1007.9 (relating to voluntary discontinuation of gations of air ambulance services. This subject matter service) would be deleted. This section addresses the duty would be addressed in § 1005.3 (relating to right to enter, imposed upon an air ambulance service, under section inspect and obtain records). Section 1007.1(e) (relating to 12(q) of the act, to not discontinue its operations prior to general provisions) would make § 1005.3 applicable to air giving advance notice to the Department, political subdi- ambulance services. visions in its service area and the public. This subject matter would be addressed in § 1005.15 (relating to Section 1007.6 (relating to notification of deficiencies) discontinuance of service). Section 1007.1(e) (relating to would be deleted. This section deals with the process for general provisions) would make § 1005.15 applicable to addressing deficiencies following an inspection of an air air ambulance services. ambulance service. This subject matter would be ad- dressed in § 1005.4 (relating to notification of deficiencies Chapter 1009. Medical Command Facilities to applicants). Section 1007.1(e) (relating to general provi- sions) would make § 1005.4 applicable to air ambulance This chapter deals with the distinct units in hospitals services. out of which physicians who qualify as medical command physicians provide medical direction to prehospital per- Section 1007.7 (relating to licensure and general oper- sonnel when they are providing emergency medical care ating standards) enumerates most of the standards an in prehospital settings and during the interfacility trans- ambulance service needs to meet to become licensed and port of patients. to continue operations. The fact that these are ongoing requirements was not conveyed by the title ‘‘Licensure Section 1009.1 (relating to operational criteria) sets requirements.’’ Consequently, the Department proposes to forth the requirements that must be met for a distinct amend the title by adding the language ‘‘general operat- unit in a hospital to function as a medical command ing’’ to also modify ‘‘requirements.’’ Moreover, compliance facility. The title would be changed from ‘‘Accreditation with many of the current standards, as well as several of and operational criteria.’’ The reason for deleting the the proposed additional standards, cannot be fully judged reference to ‘‘accreditation’’ is that the act neither re- until the ambulance service has become licensed and quires nor makes provision for the Department to accredit commences operations. medical command facilities. However, the definition of ‘‘medical command facility’’ in section 3 of the act, which Many of the matters addressed in proposed amend- states that a medical command facility is a distinct unit ments to the corresponding section pertaining to ground in a hospital ‘‘that contains the necessary equipment and ambulance services, § 1005.10 (relating to licensure and personnel for providing medical command to and control general operating standards), are also addressed in pro- to an ambulance service,’’ when combined with other posed amendments to this section, such as requirements provisions of the act which declare that the Department of the air ambulance service to maintain documentation shall serve as the lead agency for EMS in this Common- of its staffing plan, a record of calls to which it did not wealth (35 P. S. § 6925(b)) and shall have the authority respond and the reason for not responding, and a copy of to promulgate regulations necessary to carry out the policies required by the section. Other similar subject provisions of the act (35 P. S. § 6937.1), implies that the matter addressed in the proposed amendments to this Department shall prescribe the ‘‘necessary equipment and section are what constitutes meeting minimum staffing personnel’’ for a medical command facility. Some of the requirements; responsibilities with respect to communi- more significant amendments proposed to the section are cating with PSAPs; medical command notification respon- that the medical command facility apprise PSAPs when it sibilities; monitoring responsibilities; and the duty to is unable to provide medical command, that it have a maintain written policies and procedures. plan to ensure the availability of medical command in mass casualty situations, and that it provide medical A significant change is proposed with respect to the command to prehospital personnel whenever they seek personnel required to meet minimum staffing require- direction. ments. The current regulations require that at least one of the crew members be a physician or a nurse. This Section 1009.2 (relating to recognition process) de- requirement would be deleted. The staffing requirements scribes the procedure to be followed if a facility chooses to would be revised to be the same as that required for a be recognized as a medical command facility by the ground ALS ambulance service. This change is required Department. The title of the section would be changed as a matter of law. Section 12(g) of the act dictates the from ‘‘Accreditation process.’’ The reason for the proposed minimum staff that may be required, for licensure pur- change is that the act does not provide for the accredita- poses, when responding to calls to provide EMS to tion of medical command facilities, but does offer them
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 915 some degree of protection from civil liability if they are tion as a first responder or an EMT, and as an ALS ‘‘recognized’’ by the Department. Section 11(j)(4) of the act training institute to provide training leading to certifica- provides that a medical command facility that is recog- tion as an EMT-paramedic or a prehospital registered nized by the Department may not be liable for any civil nurse. This section is currently titled ‘‘BLS training damages resulting as a consequence of orders issued institutes’’ and deals only with facilities that provide through it, unless guilty of gross or willful negligence. training leading to certification as a first responder or an Conditioning this civil liability protection upon being EMT. Section 1011.2 (relating to ALS training institutes) ‘‘recognized’’ by the Department suggests that medical addresses only the criteria for providing training leading command facilities may operate without the recognition, to certification as an EMT-paramedic or recognition as a but would have greater exposure to civil liability if they prehospital registered nurse. The Department concluded choose to do so. that there was a significant amount of duplication in the This section would be completely rewritten to explain two sections. It is therefore proposing that the two that securing Department recognition reduces a medical sections be consolidated into one. Section 1011.2 would be command facility’s exposure to civil liability. It would also repealed due to the proposed consolidation of the two explain the role of the Department and regional EMS sections. councils in the recognition process and the appeal rights Section 1011.3 (relating to accreditation process) identi- of applicants which are denied medical command facility fies the process for an entity to become accredited as a recognition, and it would provide for medical command BLS or ALS training institute. The Department proposes facility recognition to have a 3-year term. to remove provisions relating to hearings when accredita- Section 1009.3 (relating to continuity of medical com- tion is denied, and to consolidate them with other hearing mand) would be deleted. This regulation grandfathered provisions in § 1011.4 (relating to denial, restriction or medical command facilities recognized by regional EMS withdrawal of accreditation). The Department also pro- councils prior to July 1, 1989, the date the regulation was poses to delete language providing for the automatic promulgated. The regulation is no longer required. accreditation of a training institute accredited by the American Medical Association. Of course, an institute Section 1009.4 (relating to withdrawal of medical com- would still be accredited if it would meet the minimum mand facility recognition) identifies the procedures for standards imposed by this section. The provision proposed conducting inspections and investigating complaints for deletion would be replaced by language providing that against medical command facilities, the grounds for with- if the Department reviews the accreditation standards of drawal of recognition and procedures for dealing with another accrediting body, and concludes that they are deficiencies in lieu of withdrawing recognition. The title equal to or greater than the accreditation standards of of the section would be changed from ‘‘Suspension/ the Department, the Department could rely upon the revocation of accreditation.’’ accreditation of that accrediting body to abbreviate the Section 1009.5 (relating to review of medical command Department’s own accreditation review. facilities) provides for regional EMS councils to conduct biennial reviews of medical command facilities. This Section 1011.4 (relating to denial, restriction or with- section would be amended to permit the Department drawal of accreditation) identifies the procedures for more flexibility in determining the frequency of reviews. investigating complaints against EMS training institutes, Comprehensive reviews conducted biennially could impose for denying, withdrawing or conditioning accreditation, an excessive work burden on some regional EMS councils, and for appealing those decisions. The title of the section while other regional EMS councils could conduct the would be changed from ‘‘Suspension/revocation.’’ reviews more frequently. This is because there are many Chapter 1013. Special Event EMS medical command facilities in some EMS regions, and very few in others. The Department anticipates request- This chapter enables entities to have a Department ing reviews more frequently than once every 2 years, but determination as to whether EMS arrangements are would modify the scope of some reviews so that they adequate when those entities are responsible for the would not involve a comprehensive assessment of compli- management and administration of a planned and organ- ance with all recognition criteria. The title of the section ized activity that places attendees or participants in a would be changed from ‘‘Biennial review of facilities.’’ defined geographic area where access by emergency ve- Section 1009.6 (relating to discontinuance of service) hicles might be delayed due to people or traffic congestion would be new. This section would require a medical at or near the event. command facility to provide the Department, the appro- Section 1013.1 (relating to special event planning re- priate regional EMS council, and providers of EMS for quirements) would be amended to clarify that submitting which they routinely medical command, with 60 days a special event EMS plan to the Department for its notice prior to discontinuing medical command opera- approval is not mandated under the act. Nevertheless, as tions. the Commonwealth’s lead agency for EMS, the Depart- Chapter 1011. Accreditation of Training Institutes ment believes that this is a public service it should make available to entities desiring such a review. Municipalities This chapter pertains to the Department’s accreditation may also choose to mandate the review for special events of teaching institutes that provide persons with the held within their borders. This section would also be training required by the Department’s regulations to amended to reflect that special event EMS plans are to be become certified as a first responder, an EMT or an EMT- processed through the regional EMS council assigned paramedic, or recognized as a prehospital registered responsibility for the region in which the event is to take nurse. Matters addressed are the criteria for accredita- place. An additional substantive requirement for plan tion, the process to secure accreditation, and the process approval would be that it identify measures that have for denying, withdrawing, or conditioning accreditation. and would be taken to coordinate EMS for the special Section 1011.1 (relating to BLS and ALS training event with local EMS and public safety agencies, such as institutes) identifies the criteria to operate as a BLS ambulance, police, fire, rescue and hospital agencies or training institute to provide training leading to certifica- organizations.
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Section 1013.2 (relating to administration, management prehospital personnel and other persons authorized by and medical direction requirements) would be amended law to provide the services, provide designated informa- by requiring that a medical command physician provide tion on an ambulance call report for each call to which it direction and supervision for the EMS system for it to responds, and follow Statewide and regional medical secure Department approval for a special event involving treatment protocols. more than 25,000 people. Section 1015.2 (relating to discontinuation of service) Sections 1013.3—1013.7 would not be amended, except would be new. It would require a QRS to provide advance that population figures triggering the application of cer- notice to the Department, the appropriate regional EMS tain standards in §§ 1013.3 and 1013.5 would be adjusted council, and each political subdivision within its service downward by 5,000, and equipment requirements in area before discontinuing services. § 1013.5 would not be confined to BLS equipment. Fiscal Impact Section 1013.8 (relating to special event report) would The cost to the Department to administer and monitor be new. It would require an entity that secured Depart- the continuing education program would increase because ment approval of a special event EMS plan to file with an additional staff position would be required in the the appropriate regional EMS council, after concluding a Department to coordinate the integration of revised con- special event, a special event report containing informa- tinuing education standards. Additionally, the Depart- tion solicited by the Department in the report form. ment would incur costs in developing review processes to Chapter 1015. Quick Response Service Recognition Pro- incorporate alternative methods of course presentation gram which would be permitted by the amendments. Also, all currently approved continuing education courses (approxi- This chapter addresses the mobilization of prehospital mately 700) would need to be re-evaluated and assigned personnel to arrive at the scene of emergency and provide new course numbers to reflect trauma and medical con- EMS in advance of the arrival of an ambulance and its tinuing education credit hours for which the course would crew. While most areas of this Commonwealth can be qualify. The Department would also need to revise the reached by an ambulance within a few minutes, there are reporting and recordkeeping process for it to process a few areas, generally rural or remote wilderness areas, continuing education information. Revision of forms and where this is not the case. In those areas, the Depart- printing would result in associated costs. One computer ment, the regional EMS councils and municipal organiza- work system for the additional staff person would be tions have attempted to form units of prehospital person- needed. nel to respond to emergencies prior to the arrival of an ambulance. The label the Department has given to such The Department would also incur additional costs for an early EMS response team is ‘‘quick response service the continuing education program to update computer (QRS).’’ software to maintain a registry of continuing education courses. Also, costs would be incurred in updating con- A shortcoming of the act is that it does not directly tinuing education data processing capabilities. The total provide for the creation or regulation of these quick estimated costs for these expenditures are $100,500 for response teams. While statutory criteria exists for grant- FY 1998-99. ing licenses and pursuing disciplinary and corrective action against ambulance services, no similar provisions Currently, physicians who are not board certified in exist relative to the organization of prehospital personnel emergency medicine must complete additional courses to into early response teams. maintain recognition as a medical command physician. A physician is required to renew ATLS and ACLS certifica- Nevertheless, the act contemplates that prehospital tion on a 4-year and 2-year basis. Of the 3,200 medical personnel arriving at an emergency scene by ambulance, command physicians, approximately 23% (736) of them and transporting patients by ambulance, are not to be the are board certified in emergency medicine and, therefore, exclusive components of prehospital EMS. For example, are not required to take additional courses. The regula- section 4(4)(i) and (ii) of the act (35 P. S. § 6924(4)(i) and tions for other medical command physicians would be (ii)) direct the Department to coordinate programs to revised to require completion of an ATLS course on a one ensure that the Commonwealth’s EMS system has an time basis only. Costs for ATLS courses may range from adequate number of vehicles, in addition to ambulances, $125—$325. Also, these courses are not readily available to transport patients, and that those vehicles be properly in rural areas of the Commonwealth. Physicians fre- staffed and equipped. Also, in 1994 the act was amended quently need to travel to distant parts of the State to by Act 82 to provide for the certification of first respond- complete ATLS courses. The regulations would result in a ers, which the act describes as persons certified to cost reduction to that physician population ranging from stabilize and improve a patient’s condition in a prehospi- $308,000—$800,800 every 4 years. tal setting until more highly trained prehospital person- nel arrive at the scene. See section 11(a.1) of the act. This Paperwork Requirements chapter is designed to bring first responders and other Medical command facility medical director and medical authorized personnel who provide preambulance medical command physician applications would be revised. The assistance to patients into the Commonwealth’s EMS manual the Department distributes to facilities to aid system in a more structured manner than has been them in meeting medical command facility criteria would accomplished by existing regulations. need to be revised, reprinted and distributed. The Depart- Section 1015.1 (relating to quick response service) ment would need to do likewise for the manual it would be new. It would establish criteria for recognition distributes to regional EMS councils to aid them in as a QRS, the process for securing the recognition, and surveying license applicants. provide for renewal. To receive QRS recognition an appli- The Department’s records for the existing 700 continu- cant would have to maintain equipment that the Depart- ing education courses would need to be revised to reflect ment will identify in the Pennsylvania Bulletin, have the new course numbers given to them to reflect trauma and capability to be dispatched and to communicate with a medical continuing education credit hours assigned to responding ambulance service, provide EMS only through them. Course forms would need to be revised by institu-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 917 tions offering the courses. They would also incur revised grants immunity, for specified conduct, to EMS students reporting and recordkeeping responsibilities. enrolled in approved courses and supervised under De- partment regulations. In making the transition to the new regulatory stan- dards, the Department intends to employ all opportunity Section 12(b) of the act provides that applications for afforded by technology to reduce paperwork and costs. the renewal of ambulance service licenses shall be made Effective Date/Sunset Date on forms prescribed by the Department in accordance with its regulations. Section 12(d) of the act provides that The proposed amendments will go into effect when the Department shall promulgate regulations setting published in the Pennsylvania Bulletin as final regula- forth minimum essential equipment for BLS and ALS tions. No sunset date will be imposed. The Department ambulances, as well as design criteria for ambulances. will monitor the regulations to ensure that they meet EMS needs within the scope of the Department’s author- Section 14(d) of the act (35 P. S. § 6934(d)) provides ity to address through regulations. that the standards the Department employs to disburse moneys from EMSOF to providers of EMS shall be under Statutory Authority regulation. Section 17.1 of the act (35 P. S. § 6937.1) provides that Regulatory Review the Department, in consultation with the Council, may promulgate regulations as may be necessary to carry out Under section 5(a) of the Regulatory Review Act (71 the provisions of the act. Other sections of the act contain P. S. § 745.5(a)), on January 29, 1999, the Department more narrow grants of authority to the Department to submitted a copy of these proposed amendments to the promulgate regulations. Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Health and Human Ser- In section 3 of the act, the definitions of ‘‘advanced life vices Committee and the Senate Public Health and support service medical director’’ and ‘‘Commonwealth Welfare Committee. In addition to submitting the pro- Emergency Medical Director’’ provide that to qualify as posed amendments, the Department has provided IRRC either, one must be a medical command physician or meet and the Committees with a copy of a detailed Regulatory equivalent qualifications as established by the Depart- Analysis Form prepared by the Department in compliance ment through regulation. In the same section, the defini- with Executive Order 1996-1, ‘‘Regulatory Review and tions of ‘‘emergency medical technician’’ and ‘‘emergency Promulgation.’’ A copy of this material is available to the medical technician-paramedic’’ provide that both are to be public upon request. certified in accordance with the current National stan- dard curriculum as set forth in the regulations of the If IRRC has objections to any portion of the proposed Department. See, also, section 11(b)(1)(i) and (d)(1)(i) of amendments, it will notify the Department within 10 the act. The definition of ‘‘medical command’’ in section 3 days of the close of the Committees’ review period. The of the act provides that medical command physicians are notification shall specify the regulatory review criteria to meet qualifications prescribed by the Department. which have not been met by that portion. The Regulatory Review Act specifies detailed procedures for review prior Section 5(2) of the act authorizes the Department to to final publication of the regulations, by the Department, employ regulations to establish standards and criteria the General Assembly and the Governor of objections governing the award and administration of contracts raised. under the act. Section 5(11) of the act authorizes the Department to adopt regulations to establish standards Contact Person and criteria for EMS systems. Interested persons are invited to submit comments, Section 11(a)(1) of the act provides that the Department suggestions or objections regarding the proposal to Mar- shall employ regulations to develop standards for the garet E. Trimble, Director, Emergency Medical Services accreditation of educational institutes for EMS personnel. Office, Department of Health, 1027 Health and Welfare Section 11(a)(4), (d)(3) and (e) of the act provide that EMT Building, P. O. Box 90, Harrisburg, PA 17108, (717) and EMT-paramedics may, in the case of an emergency, 787-8740, within 30 days after publication of this notice perform duties deemed appropriate by the Department in in the Pennsylvania Bulletin. Persons with a disability accordance with the Department’s regulations. Section may also submit comments, suggestions or objections to 11(d)(2)(ii)(A) and (B), and (e.1)(3)(i) and (ii) of the act Margaret Trimble in alternative formats, such as by audio provides that ALS service medical directors shall base a tape, braille, or by using TDD: (717) 783-6514. Persons decision on whether to grant medical command authoriza- with a disability who require an alternate format of this tion to an EMT-paramedic or prehospital registered nurse document (such as, large print, audio tape, braille) should upon the individual’s demonstrated competency in knowl- contact Margaret Trimble so that she may make the edge and skills as defined by Department regulation and necessary arrangements. the individual’s completion of continuing education re- GARY L. GURIAN, quirements adopted by regulation. Section 11(d)(2)(vi) and Acting Secretary (e.1)(5) of the act provide that when an EMT-paramedic or prehospital registered nurse chooses to not seek or Fiscal Note: 10-143. (1) General Fund; (2) Implement- maintain medical command authorization, and to function ing Year 1998-99 is $34,000; (3) 1st Succeeding Year exclusively as an EMT, that person is to apply to the 1999-00 is $Minimal; 2nd Succeeding Year 2000-01 is Department for recognition as an EMT under Department $Minimal; 3rd Succeeding Year 2001-02 is $Minimal; 4th regulations. Section 11(f) of the act provides that physi- Succeeding Year 2002-03 is $Minimal; 5th Succeeding cians approved by regional EMS councils as medical Year 2003-04 is $Minimal; (4) Fiscal Year 1997-98 $6 command physicians may give medical commands subject million; Fiscal Year 1996-97 $8 million; Fiscal Year to Department regulatory requirements. Section 11(h) and 1995-96 $6 million; (7) Emergency Medical Services; (i) of the act provides that regional EMS council transfer (8) recommends adoption. The Department can absorb and medical treatment protocols are to be established any increased cost associated with these proposed amend- under Department regulation. Section 11(j)(2) of the act ments.
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Annex A [ Air ambulance medical crew member—A licens- TITLE 28. HEALTH AND SAFETY ed physician, registered nurse or certified EMTparamedic, who meets the qualifications re- PART VII. EMERGENCY MEDICAL SERVICES quired by Chapter 1007 (relating to licensing of air CHAPTER 1001. ADMINISTRATION OF THE EMS ambulance services—rotor craft) and who is em- SYSTEM ployed to provide prehospital medical care and Subchapter A. GENERAL PROVISIONS services to patients transported by air ambulance. ] GENERAL INFORMATION Air ambulance medical director—A medical command physician or a physician meeting the minimum qualifica- § 1001.1. Purpose. tions [ set forth ] in [ § 1003.41 (relating to air ambu- The [ Department has the duty under the act ] lance medical director) ] § 1003.5 who is employed by, purpose of this part is to plan, guide, assist and or contracts with, or volunteers with, either directly, or coordinate the development of regional EMS systems into through an intermediary, an air ambulance service to a unified Statewide system and to coordinate the system make medical command authorization decisions, with similar systems in neighboring states,andto otherwise implement the Department’s responsibili- provide medical guidance and advice to the [ ALS ] air ties under the act consistent with the Department’s ambulance service, and [ to ] evaluate the quality of rulemaking authority. [ The Department will ac- patient care provided by the prehospital personnel uti- complish this purpose through this part. ] lized by the air ambulance service. § 1001.2. Definitions. Air ambulance service—An agency or entity licensed by The following words and terms, when used in this part, the Department to provide transportation and ALS care have the following meanings, unless the context clearly of patients by air ambulance. indicates otherwise: ***** ACLS course—Advanced cardiac life support course—A course in advanced cardiac life support sanctioned by Ambulance—A vehicle specifically designed, constructed the American Heart Association. or modified and equipped, used or intended to be used, and maintained or operated for the purpose of providing ALS ambulance service—Advanced life support ambu- emergency medical care to patients, and the transporta- lance service—An entity licensed by the Department to tion of [ , ] patients if used for that purpose. The term provide ALS services [ and transportation ] by ambu- includes ALS or BLS vehicles that may or may not lance to seriously ill or injured patients. The term includes mobile ALS ambulance services that may or transport patients. may not transport patients. Ambulance attendant—An individual who [ holds a ALS service medical director—Advanced life support valid certificate evidencing the successful comple- service medical director—A medical command physician tion of a course in advanced first aid sponsored by or a physician meeting the equivalent qualifications [ set the American Red Cross and a valid certificate forth ] in § 1003.5 (relating to ALS service medical evidencing the successful completion of a course in director) who is employed by, contracts with or volunteers CPR sponsored by the American Heart Association with, either directly, or through an intermediary, an ALS or the American Red Cross, or an individual who ambulance service to make medical command authori- can evidence the successful completion of an zation decisions, provide medical guidance and advice equivalent training program approved by the De- to the ALS ambulance service and [ to ] evaluate the partment ] possesses the qualifications in quality of patient care provided by the prehospital person- § 1003.21(b) (relating to ambulance attendant). nel utilized by the ALS ambulance service. Ambulance call report—A summary of an emer- ALS services—Advanced life support services—The ad- gency ambulance response, nonemergency ALS re- vanced prehospital and interhospital emergency medical sponse, interfacility transport or nonemergency care of serious illness or injury by appropriately trained BLS transport that becomes an emergency. The health professionals and [ certified ] EMT-paramedics. report shall contain information specified in a for- mat provided by the Department. APLS course—Advanced pediatric life support course—A course in advanced pediatric life support Ambulance identification number—A number is- sanctioned by the American Academy of Pediatrics sued by the Department to each ambulance oper- and the American College of Emergency Physicians. ated by an ambulance service. ATLS course—Advanced trauma life support course—A Ambulance service—An entity which regularly engages course in advanced trauma life support sanctioned by in the business or service of providing emergency medical the American College of Surgeons Committee on Trauma. care and transportation of patients in this Common- ***** wealth. The term includes [ mobile ] ALS ambulance services that may or may not transport patients. Air ambulance—A rotorcraft [ licensed by the De- partment for use as an EMS vehicle ] specifically Ambulance service affiliate number—[ The ] A unique designed, constructed or modified and equipped, number assigned by the Department to an ambulance used or intended to be used, and maintained or service, the first two digits of which designate the operated for the purpose of providing emergency county in which the ambulances of the ambulance medical care to, and air transportation of, patients. service are based.
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[ Ambulance trip report number—A unique num- ment of practice, education, administration, ber assigned to an ambulance response and re- research or theory development, to strengthen the corded on the ambulance trip report form. ] quality of care provided. BLS ambulance service—Basic life support ambulance Continuing education sponsor—An entity or institution service—An entity licensed by the Department to provide that [ applies to the Department and satisfies the BLS services and transportation by ambulance to [ seri- Department’s requirements to become an ] is accred- ously ill or injured ] patients. ited by the Department as a sponsor of continuing education courses. BLS services—Basic life support services—The basic prehospital or interhospital emergency medical care and Council—The [ State Advisory Council, which shall management of illness or injury performed by specially be known as the ] Board of Directors of the Pennsylva- trained [ and ], certified or licensed personnel. nia Emergency Health Services Council. [ BLS training institute—Basic life support train- Critical care specialty receiving facility—[ Facilities ] ing institute—An entity accredited by the Depart- A facility identified by [ their ] its capability of provid- ment to conduct BLS training courses designed to ing specialized emergency and continuing care to pa- prepare individuals to render prehospital and tients [ within ], including, in one of the following interhospital BLS within an organized EMS sys- medical areas: poisoning, neonatal, spinal cord injury, tem. ] behavioral, burns, cardiac and trauma. Basic rescue practices technician—An individual who ***** [ holds a valid certificate of successful completion of a rescue training program conducted in accord- Department [ of Health certification ] identification ance with the training curriculum approved by the number—A number issued [ through the Department’s Department ] is certified by the Department to computer system ] by the Department that identifies possess the training and skills to perform a rescue an individual who participates in the Statewide EMS operation as taught in a basic rescue practices system and, who has been certified [ as an EMT, technician program approved by the Department. EMT-paramedic, EMT instructor, first responder, Basic vehicle rescue technician—An individual who and the like. The certification includes the expira- [ holds a valid certificate of successful completion tion date and the status level. ], recognized or of a vehicle rescue training program conducted in otherwise assigned an identification number by the accordance with the training curriculum approved Department. by the Department ] is certified by the Department Direct support of EMS systems—Activities, equip- to possess the training and skills to perform a ment and supplies that are involved in the plan- rescue from a vehicle as taught in a basic vehicle ning, initiation, maintenance, expansion or im- rescue technician program approved by the Depart- provement of EMS systems. ment. Board certification—Current certification in a EMSOF—Emergency Medical Services Operating medical specialty or subspecialty recognized by Fund—Moneys appropriated to the Department un- either the American Board of Medical Specialties or der section 14(c) of the act (35 P. S. § 6934(c)) and the American Osteopathic Association. which are not assigned to the Catastrophic Medical and Rehabilitation Fund. CPR—Cardiopulmonary resuscitation—The combina- tion of artificial respiration and circulation which is ***** started immediately as an emergency procedure when [ EMS council—A nonprofit incorporated entity or cardiac arrest or respiratory arrest occurs[ , by those appropriate equivalent whose function is to plan, properly trained and certified to do so ]. develop, maintain, expand and improve EMS sys- tems within a specific geographical area of this CPR [ Certification ] course—Cardiopulmonary re- Commonwealth and which is deemed by the De- suscitation [ certification ] course—A [ certificate evi- partment as being representative of health profes- dencing successful completion of a ] course of in- sions and major public and voluntary agencies, struction in CPR, meeting the [ most current American organizations and institutions concerned with pro- Heart Association ] Emergency Cardiac Care Com- viding EMS. See the definition of ‘‘regional EMS mittee National Conference on CPR and Emergency council.’’ ] Cardiac Care standards. The [ certification ] course ***** shall [ have a current valid date and ] encompass one EMS training institute—Emergency medical ser- and two-rescuer adult, infant and child CPR, and vices training institute—An institute accredited by obstructed airway methods. the Department to provide a course required for [ Closest available ambulance—An ambulance, the certification or recognition of a prehospital which as a result of a combination of location and practitioner. other factors, such as traffic conditions, weather, ***** and the like, can reach a patient most promptly. ] EMT—Emergency medical technician—An individual ***** trained to provide prehospital emergency medical treat- Continuing education—Learning activities in- ment and certified as such by the Department in accord- tended to build upon the education and experien- ance with the current [ NSC for basic EMTs ] EMT- tial basis of prehospital personnel for the enhance- NSC, as set forth in this part.
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EMT-NSC—Emergency medical technician-National regional[ /State ] EMS council or the Council on issues standard curriculum—[ The current National training that have potential impact on the delivery of emergency program for emergency medical technicians ] An medical care. outline of knowledge and skills recommended for ***** the education and training of EMTs, as adopted by the United States Department of Transportation. Medical command—An order given [ to a provider of EMT-paramedic—Emergency medical technician para- EMS by an authorized medical command physician medic—An individual who is trained to provide prehospi- who meets qualifications prescribed by the Depart- tal emergency medical treatment at an advanced level ment ] by a medical command physician to a pre- and certified as such by the Department [ under ] in hospital practitioner in a prehospital, interfacility or emergency care setting in a hospital, to provide accordance with the current [ NSC for EMT- immediate medical care to prevent loss of life or paramedics ] EMT-NSC, as set forth in this part. aggravation of physiological or psychological ill- EMT-paramedic NSC—Emergency medical technician- ness or injury. paramedic National standard curriculum—[ The Na- Medical command authorization—Permission given by tional training program for EMT-paramedics ] An the ALS service medical director, including an air outline of knowledge and skills recommended for ambulance medical director, to an EMT- paramedic or the education and training of EMT-paramedics, as a prehospital registered nurse under § 1003.28 (relating adopted by the United States Department of Transporta- to medical command authorization) to perform, on behalf tion. of an ALS ambulance service, ALS services pursuant to medical command or in accordance with Department ***** approved regional EMS council transfer and medical Emergency department—An area of the hospital dedi- treatment protocols when medical command cannot be cated to offering emergency medical evaluation and initial secured, is disrupted or is not required pursuant to the treatment to individuals in need of emergency care. [ An approved regional EMS council transfer and medical emergency department may be a section/division of treatment protocols. the medicine or surgery department, or may be Medical Command Base Station Course—The organized as a separate department. ] course adopted by the Department for medical command physicians and ALS service medical di- ***** rectors which provides an overview of the medical Federal KKK standards—The minimum standards and command system and base station direction. specifications for ambulance vehicles [ set up ] adopted Medical command facility—The distinct unit within a by the United States Department of Transportation facility that contains the necessary equipment and per- [ Federal KKK-A-1822-B 1985, and amendments or sonnel, as prescribed in § 1009.1 (relating to opera- revisions thereto ]. tional criteria) for providing medical command to and control [ to an ambulance service ] over prehospital ***** personnel when providing medical command. [ Field internship—A portion of a required EMT- Medical command facility medical director—A medical paramedic training program during which the stu- command physician [ responsible ] who meets the dent obtains supervised experience on a licensed criteria established by the Department to assume ALS unit. responsibility for the [ medical ] direction and control Field preceptor—A person who evaluates a stu- of the [ medical command physicians at an accred- dent’s performance in a prehospital setting and is ited ] equipment and personnel at a medical com- approved by the ALS training institute medical mand facility. director. ] Medical command physician—A physician [ licensed ***** in this Commonwealth who meets the criteria set Health professional—A [ licensed ] physician who has forth by the Department for a medical command education and continuing education in ALS services and physician and ] who is approved by [ the ] a regional prehospital care or a prehospital registered nurse. EMS council [ medical director ] to provide medical ***** command [ to prehospital and interhospital provid- ers ]. [ Incident location—The geographic site of an emergency usually indicated by a minor civil divi- Medical [ control ] coordination—A system which sion code number. ] involves the medical community in all phases of the regional EMS system and consists of the following ele- Invalid coach—A vehicle primarily maintained, oper- ments: ated and intended to be used for routine transport of persons who are convalescent or otherwise nonambulatory ***** and do not ordinarily require emergency medical treat- ment while in transit. The term does not include an (ii) Responsibility for [ overall supervision ] over- ambulance or [ an ] another EMS vehicle. sight to assure implementation of all medical require- ments, with special emphasis on patient triage and [ Licensing agency—The Department. ] medical treatment protocol. Medical advisory committee—An advisory body, com- (iii) Effective emergency medical planning and [ desig- posed of a majority of physicians, to advise [ the ] a nation ] recommendation for Department recogni-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 921 tion of [ on-line ] online command facilities with med- (iv) EMT-paramedics. ical command physicians who give orders to prehospital (v) Prehospital registered nurses. patient care providers. (vi) Health professional physicians. (iv) [ Medical ] Transfer and treatment protocols. Prehospital Personnel [ Training ] Manual—*** ***** ***** [ Medical protocols—Written prescribed medical procedures, adopted by the regional EMS councils [ Prescribing physician—A physician licensed in after consultation with the regional EMS medical this Commonwealth who is either the medical com- advisory committee and approval by the Depart- mand physician who has ordered the controlled ment. Review of medical protocols by the regional substance or the receiving emergency department councils shall be made on an annual basis with physician who has received the patient from the ALS unit and will be replacing the controlled sub- notification to the Department of changes. ] stance. A prescribing physician shall possess a valid ***** DEA number. [ Medical service area—A specified geographic Primary response area—The specified geographic area within which responsibility for medical super- area assigned to a licensed ambulance service that vision and control is designated by a regional EMS then has responsibility for the provision of prehos- council based upon factors such as patient flow pital emergency medical care and transportation in patterns, area population and EMS call volumes. ] the area. Primary response areas are determined by regional EMS council plans, according to factors Medical treatment protocols—Written prescribed such as the location of ambulance resources, ambu- medical procedures. lance response times and area population. A pri- Mutual aid response—Response by an ambulance unit mary response area designation is not intended to to an emergency based on a written agreement between be an exclusive designation. ] [ EMS providers ] ambulance services whereby the Providers of EMS—A facility, BLS ambulance service signing parties agree to lend aid to one another under or ALS ambulance service,oraQRS. conditions specified in the agreement. QRS—Quick [ Response Service ] response service— ***** [ A service which meets Department requirements [ On-line communication—Direct radio or tele- and is strategically located to fill a response time gap if EMS cannot be provided within 10 minutes of phonic communication. ] the time a call for assistance is received. ] An entity PALS course—Pediatric advanced life support recognized by the Department to respond to an course—A course in advanced pediatric life support emergency and to provide EMS to patients pending sanctioned by the American Heart Association and the arrival of the prehospital personnel of an ambu- the American Academy of Pediatrics. lance service. PSAP—Public safety answering point—A commu- [ Quick responder—A person responding as part nications center established to serve as the first of a designated quick response service which is point at which calls by or on behalf of patients are strategically located within a specified EMS service received requesting emergency medical assistance. area and is coordinated through the local and Patient—An individual who is believed to be sick, regional EMS response system. The personnel shall injured, wounded or otherwise incapacitated and helpless be trained and certified to the first responder level and who needs immediate medical attention. or higher. ] [ Pennsylvania Field Protocols for BLS—The most Receiving facility—A fixed facility that provides an current BLS treatment guidelines recommended by organized emergency department [ of emergency the Council’s Medical Advisory Committee and ap- medicine ], with a [ licensed and ACLS certified ] proved by the Department as defined in the act. ] physician who is trained to manage cardiac, trauma ***** and pediatric emergencies, and is present in the facility [ who is ] and available to the emergency depart- Physician—An individual who has a currently ment 24 [ hours a day ] hours-a-day,7[ hours a registered license to practice medicine or osteo- pathic medicine in this Commonwealth. week ] days-a-week, and a registered nurse who is present in the emergency department 24 [ hours a day ] [ Prehospital ambulance trip report—A summary hours-a-day,7[ hours a week ] days-a-week. The of each ambulance call to which an ambulance responds. The report shall contain information [ facilities ] facility shall also comply with Chapter 117 specified on forms provided by the Department. ] (relating to emergency services). Regional EMS council—A nonprofit incorporated entity Prehospital personnel—[ Personnel certified or rec- or appropriate equivalent whose function is to plan, ognized by the Department to render EMS to pa- develop, maintain, expand and improve EMS systems tients outside of the hospital setting. ] The term within a specific geographical area of this Commonwealth includes any of the following individuals: and which is deemed by the Department as being repre- (i) Ambulance attendants. sentative of health professions and major public and voluntary agencies, organizations and institutions con- (ii) First responders. cerned with providing EMS in the region. [ See the (iii) EMTs. definition of ‘‘EMS council.’’ ]
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Registered nurse—An individual who has a cur- ***** rent original or renewed license to practice nursing (f) The Department may, on its own initiative, in this Commonwealth as a registered nurse. grant an exception to this part if the substantive ***** requirements of subsection (a) are satisfied. Service area—The area in which an ambulance § 1001.5. Investigation. service routinely provides services. [ (a) The Department may investigate accidents ***** involving an ambulance or other EMS vehicle. Special event—A planned and organized activity or (b) The Department may investigate complaints contest, which will place [ a group of 10,000 or more involving EMS providers or personnel. ] The De- known or estimated ] participants or attendees, or partment may investigate any person, entity or both, in a defined geographic area where access by activity for compliance with the provisions of the emergency vehicles might be delayed due to crowd or act and this part. traffic congestion at or near the event. § 1001.6. Comprehensive EMS development plan. Specialized Special vehicle rescue training [ ] [ ] (a) The Department, with the advice of the Council, technician—An individual who [ holds a valid certifi- will develop and annually update a Statewide EMS cate of successful completion of a training program development plan for the coordinated delivery of EMS in specialized rescue training conducted in accord- in this Commonwealth. ance with the curriculum approved by the Depart- ment ] is certified by the Department to possess the ***** training and skills to perform special rescue opera- (c) The Department will incorporate regional tions as taught in the special vehicle rescue train- EMS development plans into the Statewide EMS ing program approved by the Department. development plan. ***** (d) The Department will adopt a Statewide EMS development plan, and updates to the plan, after Statewide BLS medical treatment protocols— public notice, an opportunity for comment and its Written medical treatment protocols adopted by the consideration of comments received, and will make Department that have Statewide application to the the plan available to the General Assembly and all delivery of BLS services by prehospital personnel. concerned agencies, entities and individuals who request a copy. [ Transfer agreements—A formal written agree- ment between facilities providing for transfer of § 1001.7. Comprehensive regional EMS develop- patients to specialized facilities which offer ment plan. follow-up care and rehabilitation as necessary to (a) A regional EMS council shall develop and effect the maximum recovery of the patient. ] annually update a regional EMS development plan Trauma center—A facility accredited as a trauma for coordinating and improving the delivery of EMS center by the Pennsylvania Trauma Systems Founda- in the region for which it has been assigned respon- tion. sibility. [ Vehicle licensure identification number—A num- (b) The plan shall contain: ber issued by the Department to each ambulance of (1) An inventory of emergency services resources a ambulance service. ] available in the region. § 1001.3. Applicability. (2) An assessment of the effectiveness of the ex- isting services and a determination of the need for [ (a) This part implements the act. additional services. (b) ] This part affects regional EMS councils, the (3) A statement of goals and specific measurable Council, other entities desiring to [ contract with ] objectives for delivery of EMS to persons in need of receive funding from the Department or the regional EMS in the region. EMS councils for the provision of EMS, ALS and BLS (4) Identification of interregional problems and ambulance services, QRSs, instructors and institutes recommended measures to resolve those problems. involved in the training of prehospital personnel includ- ing EMTs, EMT-paramedics, first responders, ambulance (5) Methods to be used in achieving stated objec- attendants and health professionals, and trauma centers tives. and local governments involved in the administration and (6) A schedule for achievement of the stated ob- support of EMS. jectives. § 1001.4. Exceptions. (7) A method for evaluating whether the stated (a) The Department may, for justifiable reason, grant objectives have been achieved. exceptions to, and departures from, this part when the (8) Estimated costs for achieving the stated objec- policy objectives and intentions of this part are otherwise tives. met or when compliance would create an unreasonable hardship, but would not impair the health, safety or (9) Other information as requested by the Depart- welfare of the public. No exceptions or departures from ment. this part will be granted if compliance with the [ re- (c) A regional EMS council shall, in the course of quirement is provided for ] standard is required by preparing a regional EMS development plan, and statute. updates to the plan, provide public notice and an
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 923 opportunity for comment. It shall consider all com- paramedics, emergency services dispatchers, health ments before submitting a proposed plan to the professionals and rescue technicians. Department. (ii) Costs associated with the training programs (d) A regional EMS development plan shall be- in subparagraph (i) that will be eligible for funding come final after it is approved by the Department. include expenses associated with providing: The regional EMS council shall make the plan (A) Instructors. available to all concerned agencies, entities and individuals who request a copy. (B) Course coordinators. Subchapter B. AWARD AND ADMINISTRATION OF (C) Program medical directors. [ CONTRACTS ] FUNDING (D) Clinical and field preceptors. § 1001.21. Purpose. (E) Medical and nonmedical equipment and sup- This subchapter implements section 5(b)(2) of the act plies. (35 P. S. § 6925(b)(2)), which authorizes the Depart- ment to establish, by regulation, standards and (F) Field internships. criteria governing the award and administration of (G) Related travel expenses. contracts under the act, and section 10 of the act (35 P. S. § 6930), which authorizes the Secretary to enter into (H) Program directors. ] contracts with regional EMS councils and other appropri- Educational costs associated with the conduct of ate entities for the initiation, expansion, maintenance and training programs for prehospital personnel, and improvement of EMS systems which are in accordance for other personnel who are involved in managing with the Statewide EMS development plan, and interfacility patient transports. which further authorizes the Secretary to enter into contracts with organizations other than re- [ (iii) ] (ii) *** gional EMS councils to assist the Department in complying with the provisions of the act. ***** § 1001.22. Criteria for funding. (5) Purchasing communications equipment, including medical command communications equipment, and (a) A potential contractor or other recipient of funds alerting equipment for EMS purposes, if the purchases from the Department, either directly or through the are in accordance with regional EMS council and State- Department’s agent, may receive funding for the follow- wide telecommunications plans. ing: (6) Purchasing equipment for [ hospital ] emergency (1) Public education, information and prevention re- departments, if the equipment is used or intended to be garding EMS, including: used in equipment exchange programs with ambulance ***** services. The equipment purchased shall be of a type used (2) Purchasing ambulances, medical equipment and by prehospital and interhospital EMS personnel in the rescue equipment which enables or enhances the care, treatment, stabilization and transportation of pa- delivery of EMS. Equipment will be funded only if tients in a prehospital or interhospital setting. It shall be approved by the Department. the type of equipment that can be easily or safely removed from the patient upon arrival or during treat- (i) Ambulances will be considered for funding if the ment at the receiving [ medical ] facility. funds will be used for [ expansion for the service ] the addition or replacement of existing vehicles or parts, by ***** a licensed ambulance service or an [ ambulance ser- (9) Emergency allocations. vice ] entity submitting an application for licensure as (i) Costs associated with a State or Federally declared an ambulance service. [ Ambulances which are emergency which the [ Secretary ] Department finds funded shall meet or exceed standards defined, necessary to carry out the purpose of the act. Eligible published and distributed by the Department. ] applicants are those recognized by the regional EMS (ii) Medical equipment will be considered for funding if council as participants in the delivery of emergency the funds will be used to purchase medical equipment for medical or rescue services to or in the affected area. ambulances, [ QRS ] QRSs, [ first responder agen- (ii) Other emergency allocations found necessary by the cies ], rescue services and other emergency services [ Secretary ] Department to provide immediate re- approved by the Department, including police and fire sources or equipment to an area where the health and departments and recognized medical command safety of the residents of this Commonwealth are in facilities. jeopardy. (iii) Rescue equipment will be considered for funding if (10) Costs associated with the implementation of volun- the funds will be used to purchase rescue equipment for tary certification or recognition programs, [ includ- ambulance services, rescue services, fire departments, ing ] such as a voluntary rescue service certification [ QRS ] QRSs, police agencies and other emergency program. services approved by the Department. ***** (3) Costs associated with training programs for prehos- pital personnel. (b) [ To be considered for funding, a potential contractor may not propose to provide ] Funds will (i) [ These funds will be provided only to EMS not be made available for any of the following: training facilities accredited by the Department for classes that include first responders, EMTs, EMT- *****
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(c) The Department will set forth additional pri- is required to perform under the act, and may orities for funding on a yearly basis in notices contract with the Council for it to assist the De- published in the Pennsylvania Bulletin. partment in complying with other provisions of the (d) The Department, by contract or notice pub- act. lished in the Pennsylvania Bulletin, may require a Subchapter C. COLLECTION OF DATA AND contractor or other applicant for funding to pro- INFORMATION vide matching funds in specified percentages as a § 1001.41. Data and information requirements for condition for receiving funds distributed by the ambulance services. Department or a regional EMS council. (a) Ambulance services licensed to operate in this § 1001.23. Allocation of funds. Commonwealth shall collect, maintain and report accu- [ (a) ] The Department and regional EMS councils rate and reliable patient data and information for calls will consider the following factors in determining who for assistance [ in the format prescribed and on shall receive funding and in what amount: forms provided by the Department within a speci- ***** fied time period ]. The report shall be made by completing an ambulance call report. (2) Conformity of the proposed application to the [ State ] Statewide EMS development plan. (b) [ The information collected shall include, but not be limited to: ***** (1) Ambulance service affiliate number and ve- (4) [ Source of other funds ] Funds available to the hicle identification number. applicant for the purpose set forth in the application, (2) Ambulance trip report number. including non-State contributions, Federal grants[ , ] or Federal contracts pertaining to EMS. Non-State contribu- (3) Patient sex and age. tions include cash and in-kind services provided to the (4) Patient vital signs. contractor or toward the operation of an EMS system by private, public or government entities, including the (5) Incident location. Federal government. (6) Type of incident. ***** (7) Classification of the call at time of dispatch as either emergency or nonemergency. [ (b) The Department will set forth priorities for funding on a yearly basis in policies published by (8) Date of call. notice in the Pennsylvania Bulletin. ] (9) Times as follows: § 1001.24. Application for contract. (i) Time call received for dispatch of ambulance To be considered for funding by the Department to service. plan, initiate, maintain, expand or improve an EMS (ii) Time of dispatch of responding ambulance. system, a regional EMS council or other appropriate (iii) Time of ambulance responding to incident entity shall submit an application on a form [ pre- scene. sented ] prepared by the Department[ , including, but (iv) Time of ambulance arrival at the scene. not limited to, and shall provide the following ] (v) Time extrication was completed. information: (vi) Time of ambulance departure from the scene. ***** (vii) Time of ambulance arrival at facility. § 1001.26. Restrictions on contracting. (viii) Time ambulance available for further ser- (a) The Department will not contract, during the same vice. term of contract, for the organization of with more [ ] (10) Patient condition at the time emergency per- than one regional EMS council [ which covers the sonnel arrived at the scene and arrived at the same geographic area or a substantial ] to exercise receiving facility. responsibility for all or a portion of the same geo- (11) History of present illness or injury. graphic area. (12) Type of injury or illness. ***** (13) Anatomic site of injury or illness. § 1001.27. Subcontracting. (14) Seriousness of patient illness or injury. (a) A regional EMS council, which has received a (15) Highest level of care rendered to the patient. contract from the Department, may receive the Depart- ment’s written approval to subcontract certain of its (16) Treatments, aids and medications given. contractual duties to other [ EMS ] entities as deemed (17) Indication of mutual aid response. necessary and appropriate for the proper execution of the (18) If mutual aid response, time of initial dis- contract with the Department. patch for the incident. ***** (19) Times medications or treatment, or both § 1001.28. Contracts with the Council were rendered. Sections 1001.22—1001.27 do not apply to con- (20) Medical command: time, type and quality of tracts between the Department and the Council. transmission. The Department will contract with the Council to (21) Type of telecommunication utilized to notify provide it funds to perform the services the Council receiving facility.
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(22) Department identification number of medical § 1001.41 (relating to data and information requirements command physician, when medical command is for ambulance services), by virtue of that person’s obtained. participation in the Statewide EMS system, may not (23) Each ambulance crew member’s name, level provide the ambulance call report, or disclose the of EMS training and Department ID number if [ knowledge ] confidential information contained in assigned. the report or a report or record thereof, except: (24) Indication that CPR was in progress before ***** arrival; for example, citizen, QRS, first responder, if (2) To another person or agency under contract with or applicable. licensed by the Department and subject to strict supervi- (25) Support services utilized; for example, res- sion by the Department to insure that the use of the data cue, fire, helicopter or coroner. is limited to specific research, planning [ and ], quality (26) Indication that QRS was utilized, if appli- [ assurance ] improvement and complaint investiga- cable. tion purposes and that appropriate measures are taken (27) If utilized, the QRS’s arrival time at the to protect patient confidentiality. scene of the incident. ***** (28) Receiving facility and location. (5) For the purpose of quality [ assurance ] improve- (29) Documentation regarding refusal of care by ment activities, with strict attention to patient confiden- patient. tiality. (30) Documentation regarding a decision that ***** emergency care and transportation were not needed. (b) [ A person or organization in the possession of patient identifying data or records, shall store the (31) Information regarding patient seat belt us- information in secured areas to assure that access age, if pertinent and available. ] The Department to unauthorized persons is prohibited. ] The De- will identify data items for the ambulance call partment will regularly disseminate nonconfiden- report as either confidential or not confidential. tial, statistical data collected from ambulance call (c) [ No person or ambulance service may dis- reports to providers of EMS for improvement of seminate the information collected under this sec- services. tion except as provided in § 1001.42 (relating to Subchapter D. QUALITY [ ASSURANCE ] dissemination of information). Licensed ] An ambu- IMPROVEMENT PROGRAM lance [ services ] service shall [ provide to the De- § 1001.61. Components. partment evidence that ] store the information desig- nated as confidential in secured areas to assure (a) The Department, in conjunction with the Council, that access to unauthorized persons is prevented, will identify the necessary components for a Statewide and shall take other necessary measures to ensure EMS quality [ assurance ] improvement program for that the information is maintained in a confidential the Commonwealth’s EMS system. The Statewide EMS manner and is not available for public inspection or quality improvement program shall be operated to dissemination, except as authorized by § 1001.42 (re- monitor the delivery of EMS through the collection lating to dissemination of information). [ Ambu- of data pertaining to emergency medical care pro- lance services that fail to maintain confidentiality vided by prehospital personnel and providers of of information are subject to suspension, revoca- EMS. tion or denial for license as provided for in Chapter (b) The Department will develop, approve and 1005 (relating to licensing of BLS and ALS ambu- update a Statewide EMS Quality Improvement Plan lance services). ] in which it will establish goals and reporting (d) When an ambulance service transports a pa- thresholds. tient to a hospital, before its ambulance departs § 1001.62. Regional programs. from the hospital, it shall provide to the individual at the hospital assuming responsibility for the pa- A regional EMS council, after considering input tient, either verbally, or in writing or other means from participants in and persons served by the by which information is recorded, the patient infor- regional EMS system, shall develop and implement a mation designated in the ambulance call report as regional EMS quality [ assurance ] improvement pro- essential for immediate transmission for patient gram to monitor the delivery of EMS, which ad- care. Within 24 hours following the conclusion of its dresses, at a minimum, the quality [ assurance ] im- provision of services to the patient, the ambulance provement components identified by the Department. A service shall complete the full ambulance call re- regional EMS council quality improvement pro- port and provide a copy or otherwise transmit the gram shall: data to the receiving facility. (1) Conduct quality improvement audits on the (e) The ambulance service shall have a policy for regional EMS system including reviewing the qual- designating which member of the ambulance crew ity improvement activities conducted by the ALS is responsible for completing the ambulance call service medical directors and medical command report. facilities within the region. § 1001.42. Dissemination of information. (2) Have a regional quality improvement commit- (a) [ No ] A person who collects, has access to, or tee that shall recommend to the regional EMS knowledge of, confidential information collected under council ways to improve the delivery of prehospital
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EMS care within the region based upon State and § 1001.102. [ Council director ] (Reserved). regional goals and reporting requirements. [ The director shall: (3) Develop and implement a regional EMS qual- ity improvement plan to assess the EMS system in (1) Prepare and annually update written policies the region. and procedures. (4) Investigate complaints concerning the quality (2) Assist the governing body in formulating of care rendered and forward recommendations policy and present the following to the governing and findings to the Department. body at least annually: (5) Submit to the Department reports as pre- (i) Project goals and objectives which include scribed by the Department. time frames and available resources. § 1001.63. [ Medical command facilities ] (Re- (ii) Written reports of project operations. served). (iii) A performance report summarizing the [ A medical command facility accredited by the progress towards meeting goals and objectives. ] Department shall actively participate in quality § 1001.103. [ Personnel ] (Reserved). assurance programs approved by the Department. ] [ The governing body shall: § 1001.64. [ Ambulance services ] (Reserved). (1) Adopt and implement written project person- [ An ambulance service licensed to operate in this nel policies and procedures which include, but are Commonwealth shall actively participate in quality not limited to: assurance programs approved by the Department. The quality assurance programs shall incorporate (i) Recruitment, selection, promotion and termi- prehospital data summary information required by nation of staff. the Department. ] (ii) Utilization of volunteers. § 1001.65. Cooperation. (iii) Wage and salary administration. Each individual and entity licensed, certified, (iv) Employe benefits. recognized, accredited or otherwise authorized by the Department to participate in the Statewide (v) Working hours. EMS system shall cooperate in the Statewide and (vi) Vacation and sick leave. regional EMS quality improvement programs, by providing data, reports and access to records as (vii) Rules of conduct. requested by the Department and regional EMS (viii) Disciplinary actions. councils to monitor the delivery of EMS. (ix) Supervision of staff. Subchapter E. TRAUMA CENTERS § 1001.81. Purpose. (x) Work performance evaluations. (xi) Employe accidents and safety. The [ Department has the duty ] purpose of this subchapter is to integrate trauma centers into the (xii) Employe grievances. Statewide EMS system, by providing access to trauma (2) Adopt a written policy to implement and coor- centers and by providing for the effective and appropriate dinate personnel management, which includes, but utilization of resources. is not limited to, confidential maintenance of per- § 1001.82. Requirements. sonnel records. To ensure that trauma centers are integrated into the (3) Develop written policies and procedures to Statewide EMS system, [ accredited ] trauma centers provide for ongoing staff development. Documenta- in this Commonwealth shall: tion includes, but is not limited to, an assessment of staff training needs and plans for addressing these ***** needs. (4) Maintain communications capabilities to allow for (4) Maintain records on an employe which in- direct access by a transferring ground ambulance or clude, but are not limited to: [ helicopter ] air ambulance to insure that patient information and condition updates are available and (i) An application for employment. medical consultation is available to the transferring ser- (ii) The results of reference investigations. vice. The capabilities shall be in accordance with regional and Statewide EMS telecommunications plans. (iii) Verification of training experience and pro- fessional licensure or registration, if applicable. Subchapter F. REQUIREMENTS FOR REGIONAL EMS COUNCILS AND THE COUNCIL (iv) Salary information. § 1001.101. Governing body. (v) A work performance evaluation. A regional EMS council and the Council shall have a (vi) Disciplinary actions. governing body[ , whether a unit of local government (5) Develop written policies on employe rights, or a public or private nonprofit entity. Responsibil- and document efforts by the project to inform staff ity for the contract will rest in the governing of the following: body ]. (i) The employee’s right to inspect his own ***** records.
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(ii) The employe’s right to request the correction (9) Carrying out, to the extent feasible, the EMS or removal of inaccurate, irrelevant, outdated or system plans. incomplete information from the records. (10) ] (9) Assuring the reasonable availability of train- (iii) The employe’s right to submit rebuttal data ing programs, including continuing education pro- or memoranda to his own records. grams, for EMS personnel. The programs shall include (6) Develop written job descriptions or project those that lead to certification or recognition by the positions which include but are not limited to: Department. Regional EMS councils may also develop and implement additional educational programs. (i) A job title. (ii) Tasks and responsibilities of the job. [ (11) ] (10) Monitoring medical command facilities (iii) Prerequisite skills, knowledge and experi- and [ medical control and accountability of ] prehos- ence. ] pital [ emergency ] personnel [ for ] compliance with minimum standards established by the Department,and Subchapter G. ADDITIONAL REQUIREMENTS ambulance service medical director and medical FOR REGIONAL EMS COUNCILS command physician medical control of prehospital § 1001.121. Designation of regional EMS councils. personnel. (a) The Department will designate [ an ] a regional [ (12) Developing processes and procedures for ] EMS council that satisfies the representation re- (11) Facilitating the integration of medical command quirements in § 1001.125 (relating to requirements) facilities into the regional EMS system in accordance for each geographic area of this Commonwealth. with policies and guidelines established by the Depart- ***** ment. (c) The Department will evaluate the performance and [ (13) Determining system needs and recommend- effectiveness of each regional EMS council on a periodic ing the allocation of resources based upon this basis to assure that each council is appropriately meeting need assessment. Guidelines for needs assessment the needs of its region in planning, developing, maintain- will be provided by the Department and shall be ing, expanding, improving and upgrading the [ emer- consistent with the State EMS plan. gency medical services ] EMS system in its region. (14) Establishing and implementing criteria for § 1001.123. Responsibilities. the evaluation or referral of acutely ill and injured persons for transport to the most appropriate facil- [ The ] In addition to other responsibilities im- ities in accordance with policies, guidelines and posed upon regional EMS councils by this part, criteria established by the Department. The criteria regional EMS councils have responsibility for the follow- shall address the treatment and transfer of trauma, ing: cardiac, spinal cord, poison, burns, neonatal and (1) Organizing, maintaining, implementing, expanding behavioral patients. Facilities in the region may and improving the EMS system within the [ identified ] participate on a voluntary basis in the categoriza- tion process established by the Department. geographic area [ of ] for which the regional EMS council has assigned responsibilities. (15) ] (12) Developing and implementing regional pro- (2) Developing and implementing comprehensive EMS tocols for the triage, treatment, transport and transfer of plans, as approved by the Department. [ The plans patients to the most appropriate facility. Protocols shall are subject to approval by the Department and be developed [ by the ] in consultation with the shall include the designation of primary response regional EMS council’s medical advisory [ and facil- areas. ] ities committees ] committee and approved by the (3) Advising PSAPs, and municipal and county [ Secretary or a designee ] Department. Protocols governments, as to EMS resources available for shall, at a minimum: dispatching and recommended dispatching criteria (i) Include a method of identifying patients requiring that may be developed by the Department, or by specialized medical care, utilizing measurable criteria to the regional EMS council as approved by the De- identify patient referral[ , including, but not limited partment. to, the seven critical care groups identified in [ (3) ] (4) Developing, maintaining, implementing, ex- paragraph (14). The Department will provide guide- panding and improving programs of medical [ control lines for recommended protocols ]. and accountability ] coordination. The programs are (ii) Be based upon the specialty care capabilities of the subject to approval by the Department. receiving facilities and available [ prehospital ] provid- [ (4) ] (5) *** ers of EMS [ providers, ] prehospital personnel, local [ (5) ] (6) *** geodemographic considerations and transport time consid- erations. [ (6) ] (7) *** ***** [ (7) ] (8) Providing [ licensed ] ambulance services (iv) Be reviewed annually, and revised as necessary in with data summary reports. consultation with the regional EMS council’s [ re- [ (8) Preparing plans for implementing, expand- gional ] medical advisory committee. ing, improving and maintaining EMS systems in the area. The plan shall contain information as pre- (v) Be consistent with Chapter 1003 (relating to scribed by the Secretary. personnel) which governs the scope of practice of [ emer-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 928 PROPOSED RULEMAKING gency medical technicians, paramedics, ] EMTs, Recruitment of volunteer expertise available shall EMT-paramedics and other prehospital [ EMS ] person- be requested when needed. nel. [ (20) ] (15) Designating a regional medical director ***** [ subject to approval by the Department. (vii) [ Prohibit patient transfer unless it is for (21) ] (16) *** medical necessity or upon request of the patient. ] (17) Assisting prehospital personnel and ambu- Address patient choice regarding receiving facility. lance services operating in the regional EMS sys- tem to meet the licensure, certification, recertifica- [ (viii) Require written transfer agreements be- tion, recognition, biennial registration and tween appropriate facilities. continuing education requirements established un- (ix) ] (viii) Set forth a procedure for the efficient der the act and this part, and assisting the Depart- transfer of patients. When appropriate, these regional ment in ensuring that those requirements are met. protocols shall be developed in consultation with specialty (18) Apprising medical command facilities and care facilities in the region. [ The transfer protocols ALS ambulance services in the region when an shall contain the following requirements: EMT-paramedic or prehospital registered nurse has had medical command authorization removed by an (A) The process of transferring patients from one ALS ambulance service in the region. facility to another shall be carried out as expedi- tiously as possible. (19) Developing a conflict of interest policy and requiring all employes and officials to agree to the (B) The receiving facility shall have at least one policy in writing. staff person available 24 hours a day, 7 days a week, who, without consultation from other personnel, [ (22) ] (20) *** has the authority to approve or disapprove trans- § 1001.124. Composition. fers. Regional EMS councils shall be organized by one of (C) If the facility is designated as a critical care the following: specialty receiving hospital and that hospital disap- ***** proves a transfer from another facility, that hos- pital shall participate in a backup network which § 1001.125. Requirements. will identify another available receiving facility. (a) If the regional EMS council is a unit of local (D) Providers involved in a transfer shall insure government, it shall have an advisory council which is that necessary patient information and records [ broadly representative of EMS providers, public will accompany the patient. Prehospital and safety agencies, health care facilities, consumers interhospital personnel shall be advised of patient and elected public officials ] deemed by the Depart- care needs during the transfer. Hospital personnel ment to be representative of health care consumers, accompanying the patient shall be familiar with the the health professions, and major private and pub- ambulance and hospital equipment accompanying lic and voluntary agencies, organizations and insti- the patient, and capable of operating the equip- tutions concerned with providing EMS. ment for appropriate administration of care to the patient. (b) If the regional EMS council is a public or private nonprofit organization, its governing body shall [ be (16) Developing a program to assess the quality representative of the following: of EMS system in its region and investigating com- plaints concerning the quality of care rendered and (1) EMS providers. forwarding recommendations and findings to the (2) Public safety agencies. Department in regard to each complaint investi- (3) Health care facilities. gated. Complaint investigations shall be conducted in accordance with administrative rules and proce- (4) Consumers. dures and written documentation of facts and find- ings shall be provided the Department. Quality (5) Elected public officials ] satisfy the represen- assurance programs implemented by regional EMS tation requirements in subsection (a). councils shall be consistent with guidelines pre- ***** scribed by the Department. (d) The regional[ /State ] medical advisory committee (17) Developing a review process for investigat- shall assist the regional EMS council’s medical director in ing complaints received by either the council or the matters of medical [ control and a majority of its Department concerning care rendered by prehospi- tal personnel or providers. members shall be physicians ] coordination. ***** (18) ] (13) Assisting Federal, State or local agencies, upon request, in the provision of onsite mitigation, techni- Subchapter H. ADDITIONAL REQUIREMENTS cal assistance, situation assessment, coordination of func- FOR THE COUNCIL tions or postincident evaluations, in the event of a § 1001.141. Duties and purpose. potential or actual disaster, mass casualty situation or other substantial threat to public health. The Council shall advise the Department on emergency health services issues that relate to manpower and [ (19) ] (14) Maintaining an [ EMS resource ] inven- training, communications, ambulance services, special tory of EMS resources and personnel available on a care units, the content of ambulance call reports, the volunteer basis as conditions and circumstances require. content of rules and regulations, standards and policies
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 929 promulgated by the Department and other subjects as ***** required by the act or deemed appropriate by the (2) Assisting in the development and implementation of Department or the Council. The Council shall also advise the Department on the content of the Statewide a Statewide EMS quality [ assurance ] improvement EMS development plan, and proposed revisions to it. program. Subchapter I. RESEARCH IN PREHOSPITAL CARE ***** § 1001.161. Research. (5) Reviewing and evaluating regional transfer and medical treatment protocols and making recommenda- (a) [ Proposals for clinical ] Clinical investigations tions for the Statewide [ medical protocals ] BLS or studies that relate to direct patient care [ shall be ] medical treatment protocols and Statewide criteria may not be conducted by providers of EMS unless for the evaluation, triage, treatment, transport, the investigation or study is proposed to and ap- transfer and referral, including bypass protocols of proved by the Department. [ An investigation or study acutely ill and injured persons to the most appro- may not be undertaken unless approved. ] priate facility. (b) A proposal for clinical investigation or study shall (6) Evaluating regional EMS quality [ assurance ] be presented to the [ regional medical director, the improvement programs. medical advisory committee of the regional EMS (7) Providing direction and guidance to the regional council, the medical advisory committee of the EMS medical directors for training and quality [ assur- Council and the Commonwealth Emergency Med- ical Director for review and comment. Recommen- ance activities ] improvement monitoring and as- dations shall be forwarded to the Department sistance. within 60 days from the date the proposal is sub- (8) Meeting with [ directors ] representatives and mitted ] Department. If the Department concludes committees of regional EMS councils and the Council as that the proposal may have merit, it will refer the necessary and as directed by the Department to provide proposal to the Council, and to the regional EMS guidance and direction. council having responsibilities in the region where the investigation or study would be undertaken. ***** The Council and the regional EMS council shall (b) Equivalent qualifications. If the Commonwealth have the proposal reviewed by their medical advi- Emergency Medical Director is not a medical command sory committees and consider the comments of physician, the Commonwealth Emergency Medical Direc- those committees, and shall forward their recom- tor shall possess the following qualifications: mendations to the Department within 60 days after ***** receiving the proposal from the Department. (c) The Department will approve or disapprove (3) Knowledge regarding the base station [ radio ] the proposal within 30 days after receiving the direction of prehospital personnel and the operation of recommendations of the Council and the regional emergency dispatch. EMS council. If the proposal is approved, the [ EMS ] ***** prehospital personnel identified in the proposal may function in accordance with the proposal and under (c) Disclosure. The Commonwealth Emergency Med- conditions specified by the Department during the term of ical Director shall disclose to the Department all financial the clinical investigation or study. or other interest in providers of EMS and in other matters which present a potential conflict of interest. (d) A proposal shall include and address the following considerations and items in a format specified by the § 1003.2. Regional EMS medical director. Department: (a) Roles and responsibilities. Each regional EMS coun- ***** cil shall have a regional EMS medical director who shall carry out the following duties: (7) [ A letter approving the investigation from the (1) [ Approve ] Assist the regional EMS council to appropriate regional EMS council. Institutional ] approve or reject applications for medical command review board approval when required by law. physicians received from medical command facility med- ***** ical directors. (10) A plan for providing the Department with ***** progress reports and a final report on the investi- gation or study. (3) [ Establish and review system-wide medical protocols in ] Assist the regional EMS council, after (e) The Department may direct that the investiga- consultation with the regional medical advisory commit- tion or study be terminated prematurely for its failure to satisfy conditions of approval. tee [ and regional EMS council ], to establish and revise transfer and medical treatment protocols for CHAPTER 1003. PERSONNEL the regional EMS system. Subchapter A. ADMINISTRATIVE AND [ (4) Assist the Department in ensuring that per- SUPERVISORY EMS PERSONNEL sonnel in the EMS system meet the certification, § 1003.1. Commonwealth Emergency Medical Direc- recertification, recognition, biennial registration tor. and continuing education requirements established under the act. (a) Roles and responsibilities. The Commonwealth Emergency Medical Director is responsible for the follow- (5) Establish standards for EMS dispatch to as- ing: sure that the an appropriate response unit is dis-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 930 PROPOSED RULEMAKING patched to the medical emergency scene and that advice on issues relevant to the areawide EMS proper patient evaluation is conducted. system. ] Disclosure. A regional EMS medical direc- (6) ] (4) [ Establish ] Assist the regional EMS tor shall disclose to a regional EMS council all council to establish field treatment protocols for deter- financial or other interest in providers of EMS and mining when a patient will not be transported to a in other matters which present a potential conflict treatment facility and establish procedures for document- of interest. ing the reasons for a nontransport decision. § 1003.3. Medical command facility medical direc- [ (7) ] (5) [ Establish ] Assist the regional EMS tor. council to establish field protocols to govern situations (a) Roles and responsibilities. A medical command in which a patient may be transported without consent, facility shall have a medical command facility med- in accordance with Pennsylvania law. The protocols shall ical director. A medical command facility medical direc- cover appropriate documentation and review procedures. tor is responsible for the following: [ (8) ] (6) [ Establish ] Assist the regional EMS ***** council to establish criteria for level of care and type of transportation to be provided in various medical emergen- (2) Quality [ assurance ] improvement. cies, such as ALS versus BLS, and ground versus air ***** [ specialty unit transportation ] ambulance, and distribute approved criteria to PSAPs. (5) Clinical and continuing education training of pre- hospital [ emergency care ] personnel. [ (9) Establish operation standards for medical command facilities. (6) Recommendations to the regional EMS medical director regarding medical command physician applica- (7) Conduct quality assurance improve- (10) ] [ ] tions from [ his institution ] the medical command ment audits of the regional EMS system including facility. reviewing the quality [ assurance ] improvement ac- tivities conducted by the ALS service medical directors (b) Minimum qualifications. within the region. (1) A medical command facility medical director shall [ (11) ] (8) Serve on the State EMS Quality [ Assur- have the following qualifications: ance ] Improvement Committee. ***** [ (12) ] (9) *** (ii) Board certification in emergency medicine or, [ in [ (13) ] (10) Facilitate [ and assure ] continuity of lieu of this, current ACLS and ATLS certification ] patient care during inter-regional transport. have successfully completed the ACLS course within the preceding 2 years and the ATLS course, [ (14) ] (11) Recommend to the Department suspen- and either an APLS or PALS course, or other sion [ or ], revocation or restriction of prehospital programs determined by the Department to meet or personnel certifications and recognitions. exceed the standards of those programs, along with board certification in surgery, internal medicine, family (15) (12) *** [ ] medicine, pediatrics or anesthesiology. [ (16) ] (13) *** ***** [ (17) Delegate portions of his authority to other (iv) Experience in base station radio direction of qualified physicians. [ ] prehospital emergency units. (18) Meet with the ALS service medical directors within the region as necessary to disseminate infor- (v) Experience in the training of [ basic ] BLS and mation regarding State statutes, regulations, poli- [ advanced prehospital emergency health ] ALS pre- cies and direction. ] hospital personnel. (b) Minimum qualifications. ***** (1) A regional EMS council medical director shall have the following qualifications: (2) The [ Secretary ] Department may waive the board certification requirement upon written request by (i) [ A valid license to practice medicine in this the regional EMS council. Commonwealth as a doctor of medicine or doctor of § 1003.4. Medical command physician. osteopathy ] Licensure as a physician. ***** (a) Roles and responsibilities. A medical command phy- sician shall [ carry out the following duties: (iii) Experience in base station [ radio ] direction of prehospital emergency units. (1) Provide ] provide medical command to prehospi- ***** tal [ emergency health ] personnel. (2) The [ Secretary ] Department may waive the [ (2) Assist with the duties of medical control ] board certification requirement upon written request by This includes providing online medical command to the regional EMS council. prehospital personnel whenever they seek direc- tion. (c) [ Medical advisory committee. Each regional EMS council shall have a medical advisory commit- (b) Minimum qualifications. A medical command physi- tee to provide the council medical director with cian shall:
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(1) [ Hold a valid license to practice in this Com- (d) Notice requirements. monwealth as a Doctor of Medicine or Doctor of (1) A medical command facility shall give notice Osteopathy ] Be a physician. to each regional EMS council having responsibility for an EMS region in which the medical command (2) Be board certified in emergency medicine or[ ,in facility anticipates medical command physicians lieu of this, be certified in ATLS and ] have success- functioning under its auspices will be providing medical command, and shall explain the circum- fully completed the ACLS course within the preced- stances under which medical command will be ing 2 years and the ATLS course, and either an given in that region. APLS or PALS course, or other programs deter- mined by the Department to meet or exceed the (2) A regional EMS council that has approved a standards of those programs. physician as a medical command physician shall give notice of the approval to the Department. (3) [ Complete ] Have completed the [ American (e) Transfer and medical treatment protocols. A Medical Association’s (AMA’s) Continuing Medical medical command physician shall provide medical Education Credits ] continuing medical education command to prehospital personnel in ground ambu- credits required for membership in the American lances and QRSs consistent with the transfer and Medical Association, or its equivalent, or be serving a medical treatment protocols which are in effect in [ postgraduate ] post year III in an approved residency either the region in which treatment originates or the region in which the prehospital personnel be- program in emergency medicine or a [ postgraduate ] gin receiving online medical command from the post graduate year II in an approved residency program medical command physician. in emergency medicine with concurrent [ on-line ] § 1003.5. ALS service medical director. online supervision by an approved medical command physician. (a) Roles and responsibilities. An ALS service medical director is responsible for the following: ***** (1) Providing medical guidance and advice to the ALS . , including: (6) [ Complete base station in medical, command ambulance service[ ] course within 2 years of the adoption of a course by (i) Reviewing the Statewide BLS medical treat- the Department ] Have completed the Medical Com- ment protocols and the regional transfer and med- mand Base Station Course. ical treatment protocols, and ensuring that the ALS ambulance service’s prehospital personnel are fa- [ (7) Be approved by the regional EMS medical miliar with them, and amendments and revisions thereto. director. ] (ii) Providing guidance to the ALS ambulance (c) Approval of medical command physician. with respect to the ordering, stocking and replace- ment of drugs, and compliance with laws and regu- (1) A physician may function as a medical com- lations impacting upon the ALS ambulance ser- mand physician if approved to do so by a regional vice’s acquisition, storage and use of those drugs. EMS council. (iii) Participating in the regional and Statewide (2) A regional EMS council shall approve a physi- quality improvement plans, including continuous cian as a medical command physician if the physi- quality improvement reviews of patient care and its interaction with the regional EMS system. cian demonstrates that the physician will function under the auspices of a medical command facility (iv) Recommending to the relevant regional EMS and establishes one of the following: council, when appropriate, specific transfer and medical treatment protocols for inclusion in the (i) That the physician satisfies the qualifications regional transfer and medical treatment protocols. for a medical command physician in subsection (b). (2) Granting [ or ], denying or restricting medical (ii) That the physician has received certification command authorization to members of the ALS ambu- as a medical command physician from the Depart- lance service’s prehospital personnel who require this ment upon successfully completing the voluntary authorization, and participating in appeals from decisions medical command physician certification program to deny or restrict medical command authorization in administered by the Department. accordance with [ § 1003.29 ] § 1003.28 (relating to med- ical command authorization). (3) A regional EMS council shall conclude that ***** the physician will be operating under the auspices of a medical command facility if the physician (b) Equivalent qualifications. If the ALS service med- establishes one of the following: ical director is not a medical command physician, the ALS service medical director shall: (i) That the facility meets the requirements for a ***** medical command facility prescribed in § 1009.1 (relating to operational criteria). (2) Have experience in the base station [ radio ] direc- tion of prehospital personnel [ and the operation of (ii) That the facility has received recognition as a emergency dispatch ]. medical command facility from the Department under § 1009.2 (relating to recognition process). *****
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(5) Successfully complete [ Parts A and B of ] the (9) Basic triage and basic maneuvers to gain Medical Command Base Station Course [ adopted by access to the patient. the Department ]. (10) Patient lifting and moving techniques. Subchapter B. PREHOSPITAL [ EMS ] AND (11) Use of an automated external defibrillator OTHER PERSONNEL when approved by the medical director of the § 1003.21. Ambulance attendant. ambulance service. (a) Roles and responsibilities. [ Attendants provide (12) Assist a prehospital practitioner who is above the level of first responder in the use of first aid in accordance with the American Red Department-approved automatic ventilators and Cross First Aid standards and provide CPR in pulse oximetry when approved by the medical di- accordance with American Heart Association stan- rector of the ambulance service. dards. ] An ambulance attendant, as part of the crew of an ambulance or a QRS, may perform BLS (13) Other BLS services taught in a course in activities within the ambulance attendant’s scope advanced first aid sponsored by the American Red of practice, as set forth in subsection (c), at the Cross, if the ambulance attendant has received scene of an emergency or enroute to a facility. This training to perform those services in the course or section does not prohibit an ambulance attendant in an equivalent training program approved by the from providing BLS services as a good Samaritan. Department, and is able to document having re- ceived the training. The Department will publish in (b) [ Minimum qualifications. ] Qualifications. the Pennsylvania Bulletin, at least annually, a list [ Ambulance attendants ] To qualify as an ambu- of the skills and services taught in the most recent lance attendant an individual shall satisfy one of course in advanced first aid sponsored by the the following: American Red Cross. If the course sponsored by the American Red Cross teaches services in addition to (1) Possess a [ valid ] current certificate evidencing advanced first aid, the Department will exclude successful completion of an advanced first aid course those services from the published list. sponsored by the American Red Cross [ or another advanced first aid course approved by the Depart- § 1003.22. First responder. ment ] and a certificate issued within the last 2 (a) Roles and responsibilities. A first responder may years evidencing successful completion of a CPR perform, at the scene of an emergency, enroute to a course. facility [ or trauma center ], or in an emergency setting (2) Possess a [ valid CPR certification ] current in a facility, the BLS services [ set forth ] in subsection certificate evidencing successful completion of a (e) to stabilize and improve a patient’s condition until course determined by the Department to be equiva- more highly trained [ prehospital ] personnel arrive [ at lent to the requirements in paragraph (1). the scene ]. Following the arrival of more highly trained [ (3) Be at least 16 years of age. ] [ prehospital ] personnel, a first responder may con- tinue to perform the BLS services within a first respond- (c) Scope of practice. An ambulance attendant er’s scope of practice as set forth in subsection (e) under shall have the authority to provide the following the direction of more highly trained [ prehospital ] BLS services if trained to do so: personnel. This section does not prohibit a first (1) Patient assessment—including vital signs— responder from providing BLS services as a Good and ongoing evaluation. Samaritan. (2) Pulmonary or cardiopulmonary resuscitation (b) Certification. and foreign body airway obstruction management. (1) The Department will certify as a first responder an (3) Administration of oxygen by means of a resus- individual who meets the following qualifications: citation mask, nasal cannula, nonrebreather mask and bag valve mask. ***** (4) Insertion of oropharyngeal or nasopharyngeal (iii) Has successfully completed a first responder train- airways. ing course approved by the Department. The Depart- (5) Oropharyngeal suctioning ment will publish annually in the Pennsylvania Bulletin a list of courses leading to first responder (6) Assessment and management of cardiac, respi- certification. ratory, diabetic shock, behavioral and heat/cold emergencies, as prescribed within an advanced (iv) Has passed a written examination for first re- first aid course meeting the requirements in sub- sponder certification prescribed by the Department,or section (b)(1) or (2). has passed an examination which the Department has determined to be equivalent in both content (7) Emergency treatment for bleeding, burns, poi- and manner of administration. soning, seizures, soft tissue injuries, chest-abdomi- nal-pelvic injuries, muscle and bone injuries, eye (v) Has passed a practical test of first responder skills injuries and childbirth (including care of the new- prescribed by the Department, or has passed an exami- born), as prescribed within an advanced first aid nation which the Department has determined to be course meeting the requirements in subsection equivalent in both content and manner of adminis- (b)(1) or (2). tration. (8) Application of spinal immobilization devices (2) A first responder’s certification is valid for 3 years, and splinting materials, including traction splints. subject to disciplinary action under section 11(j.1) of the
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 933 act (35 P. S. § 6931(j.1)) and § 1003.27 (relating to the Department as meeting or exceeding the stan- disciplinary and corrective action). [ An individual who dards of the examinations prescribed by the De- received certification as a first responder under the partment. ] voluntary first responder certification program in (2) An individual whose first responder certification or existence prior to September 2, 1995, will be equivalent certification in another state is expired at deemed certified. The certification is valid for 3 the time of application may seek to have the satisfac- years from the date the certification was issued. tion of paragraph (1)(i) endorsed as equivalent to Following expiration of the deemed certification, the satisfaction of subsection (b)(1)(iii), but will the recertification requirements set forth in subsec- [ meet the requirements in paragraph (1)(i)—(iii) ] tion (c) apply. ] not be considered by the Department for endorse- (c) Recertification. A first responder shall apply for ment of qualifications under paragraph (1)(ii) or recertification between 1 year and 60 days prior to (iii), and shall successfully complete the first responder expiration of the first responder’s certification from the practical skills and written knowledge [ examination ] Department. Failure to apply for recertification in a examinations prescribed by the Department after ap- timely manner may result in the individual not being plying for certification through examination. recertified before the prior certification expires. The De- partment will recertify as a first responder an individual (3) [ Reciprocal certification ] Certification under who meets the following qualifications: this subsection is valid for 3 years. Upon expiration of [ reciprocal ] that certification, the individual [ to ***** whom the Department granted reciprocal certifica- (3) [ Successfully completes ] Has successfully tion ] shall meet the requirements for recertification in completed one of the following: subsection (c). ***** (e) Scope of practice. (1) A first [ responder shall have authority to provide the following BLS ser- (d) [ Reciprocal certification ] Certification by en- vices: ] responder’s scope of practice includes the dorsement. BLS services which may be performed by an ambu- lance attendant as set forth in § 1003.21(c) (relating (1) The Department will grant first responder [ to ambulance attendant), if the first responder has certification to an individual who is currently certi- been trained to perform those services. fied as a first responder in another state who meets the following qualifications: ] For an individual [ (1) Patient assessment and evaluation. who is 16 years of age or older and who is currently (2) Pulmonary or cardiopulmonary resuscitation. certified in another state as a first responder or as a person with similar responsibilities, the Depart- (3) Administration of oxygen via an oxygen mask, ment will endorse the following qualifications as nasal cannula, a bag valve mask or a manually equivalent to those in subsection (b): operated positive valve unit. (4) Application of oropharyngeal or nasopharyn- (i) Completes an application on a form pre- [ geal airways and pocket masks. scribed by the Department ] Successful completion of training curriculum which meets or exceeds the (5) Oropharyngeal or nasopharyngeal suctioning. standards for the training course prescribed by the (6) Emergency medical treatment prescribed Department in subsection (b)(1)(iii). within the first responder training program for bleeding, shock, burns, heat and cold emergencies, (ii) [ Is 16 years of age or older. ] Successful poisoning, fractures and childbirth. completion of a written examination for first re- sponder certification, or an equivalent certification, (7) Use of an automatic external defibrillator, which is determined by the Department to meet or when the use is approved by the regional EMS exceed the standards of the written examination council in accordance with criteria established by prescribed by the Department under subsection the Department. (b)(1)(iv). (8) Use of spinal immobilization devices. (iii) [ Can demonstrate successful completion of a (9) Use of Department approved automatic venti- first responder training curriculum which is recog- lators and pulse oximetry when approved by the nized by the Department as meeting or exceeding medical director for the ambulance service after standards for the curriculum in the first responder appropriate training. training course approved by the Department, (10) Other BLS services authorized by Depart- within the 2 years preceding submission of the ment-approved regional EMS council transfer and application, or, in the alternative, successfully com- medical treatment protocols or under medical com- pletes the Pennsylvania first responder training mand. ] course approved by the Department. ] Successful completion of a practical skills examination for (2) A first responder’ s scope of practice also first responder certification, or an equivalent certi- includes other BLS services taught in a first re- fication, which is determined by the Department to sponder training course approved by the Depart- meet or exceed the standards of the practical skills ment, if the first responder has received training to examination prescribed by the Department under perform those services in the course, in a course subsection (b)(1)(v). which is determined by the Department to meet or exceed the standards of a first responder training [ (iv) Has successfully completed written and course preapproved by the Department, or in a practical certification examinations recognized by course for which a first responder may receive
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 934 PROPOSED RULEMAKING continuing education credit towards recertifica- (2) The Department will also certify as an EMT an tion, and is able to document having received the individual who completes an application on a form pre- training. scribed by the Department and who has one of the following: (3) The Department will publish in the Pennsylva- nia Bulletin, at least annually, a list of the services ***** taught in first responder training courses most recently approved by the Department. (c) [ Reciprocal certification ] Certification by en- dorsement. (4) If the approved course is not offered by the Department, the Department may exclude from the (1) [ An individual who possesses EMT certifica- published list, services taught which the Depart- tion from another state may qualify for reciprocal ment determines are not appropriate services to be certification as an EMT in this Commonwealth. performed by a first responder. Applications shall be submitted to the regional EMS councils. The Department has the authority to § 1003.23. EMT. make the final decision on the applications. (a) Roles and responsibilities. (2) Reciprocal certification may be granted to [ (1) The scope of practice of an EMT includes the EMTs from states that the Department has formal BLS services which may be performed by a first reciprocity agreements with if: responder under § 1003.22(e) (relating to first (i) The applicant is currently certified or licensed responder) and other BLS services involved in the in a state with reciprocity agreements with the rescue, triage and transfer and transport of emer- Commonwealth. gency and nonemergency patients, under section 11(e) of the act (35 P. S. § 6931(e)) and in accord- (ii) The applicant successfully completed written ance with the Department of Transportation EMT and practical exams within 2 1/2 years of applica- National Standard Curriculum, and amendments tion. and revisions thereto. (iii) The current certification has an expiration (2) An EMT’s scope of practice shall be limited to date of more than 6 months from date of applica- the activities listed in paragraph (1), except if the tion. Secretary authorizes an EMT to perform additional (iv) If the current certification remaining is less activities. ] than 6 months, the applicant shall successfully complete written and practical Pennsylvania EMS An EMT may perform, in a prehospital, certification exams. interhospital or emergency care setting in a hos- pital, or during the transfer of convalescent or (v) The applicant completes the student registra- other nonemergency cases, the BLS services set tion form and a request for reciprocity form pro- forth in subsection (e), to prevent loss of life or vided by the Department. The applicant shall at- aggravation of physiological or psychological ill- tach a copy of incoming State certification or ness or injury. This section does not prohibit an license to the request for reciprocity form. EMT from providing BLS services as a good Sa- (3) Certification may be granted to applicants maritan. with certification or National registry from states (b) Certification. without formal reciprocity agreements if: (1) [ To qualify for EMT certification, an indi- (i) The applicant is currently certified or licensed vidual shall: ] The Department will certify as an as an EMT. EMT an individual who meets the following qualifi- (ii) The applicant provides written verification of cations: completion of an EMT-NSC National Standard Cur- riculum Course. (i) [ Successfully complete a basic EMT training course approved by the Department ] Completes an (iii) The applicant successfully completes Penn- application on a form prescribed by the Depart- sylvania written and practical certification exams. ment. (iv) The current certification has an expiration (ii) [ Successfully complete an EMT practical date of more than 6 months from date of applica- tion. skills examination developed by the Department and administered by the Department ] Is 16 years (4) EMT certification may be granted to appli- of age or older. cants currently certified by the military, if: (iii) [ Successfully complete a written EMT exami- (i) The applicant provides written verification of nation developed by the Department and adminis- successful completion of an EMT-NSC course. tered by the Department ] Has successfully com- (ii) The applicant successfully completes Pennsyl- pleted an EMT training course approved by the vania written and practical certification exams. Department. (iii) Current certification has an expiration date (iv) [ Possess current CPR certification ] Has suc- of more than 6 months from date of application. cessfully completed a written EMT examination (5) Reciprocal certification may be granted with prescribed by the Department. an expiration date of 3 years from the date the (v) [ Be at least 16 years of age or older ] Has certification was issued by the incoming state. successfully completed an EMT practical skills ex- (6) Pennsylvania residents who have been amination prescribed by the Department. granted reciprocity in this Commonwealth and cur-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 935 rently need recertification shall take the Depart- (v) Possess a minimum of 1 year’s experience ment’s practical and written certification examina- functioning at the EMT or EMT-paramedic level tions. ] providing prehospital care. For an individual who is 16 years of age or older (vi) Possess demonstrated competence in teach- and currently certified as an EMT in another state, ing the didactic and practical skills portions of the the Department will endorse the following qualifi- curriculum. The Department is responsible for as- cations as equivalent to those in subsection (b): sessing an instructor’s competence. (i) Successful completion of EMT training cur- (vii) Possess recommendations from the regional riculum that meets or exceeds the standards of the EMS council and an approved training institute training course prescribed by the Department un- that the individual be certified as an instructor. der subsection (b)(1)(iii). (2) EMT instructor certification shall expire con- (ii) Successful completion of a written examina- currently with the individual’s EMT or EMT-para- tion for EMT certification which is determined by medic certification. ] the Department to meet or exceed the standards of An EMT’s scope of practice, under medical com- the written examination prescribed by the Depart- mand direction or utilization of the Statewide BLS ment under subsection (b)(1)(iv). medical treatment protocols, includes the BLS ser- (iii) Successful completion of a practical skills vices which may be performed by a first responder examination for EMT certification which is deter- as set forth in § 1003.22(e) (relating to first re- mined by the Department to meet or exceed the sponder) and the following: standards of the practical skills examination pre- (1) Administration to a patient or assisting a scribed by the Department under subsection patient to administer drugs previously prescribed (b)(1)(v). for that patient, as specified in the Statewide BLS (2) An individual whose EMT certification in an- medical treatment protocols. other state is expired at the time of application (2) Transportation of a patient with an indwell- may seek to have the satisfaction of paragraph ing intravenous catheter without medication run- (1)(i) endorsed as equivalent to the satisfaction of ning. subsection (b)(1)(iii), but will not be considered by the Department for endorsement of qualifications (3) Other BLS services taught in a basic training under paragraph (1)(ii) or (iii), and shall success- program for EMTs approved by the Department, if fully complete the EMT practical skills and written the EMT has received training to perform those examinations prescribed by the Department after services in such a course, in a course which is applying for certification through examination. determined by the Department to meet or exceed the standards of a training program for EMTs (3) Certification under this subsection is valid for preapproved by the Department, or in a course for 3 years. Upon expiration of that certification the which an EMT may receive continuing education individual shall meet the requirements for recertifi- credit towards recertification, and is able to docu- cation in subsection (d). ment this training. The Department will publish in (d) Recertification. An EMT shall apply for recertifica- the Pennsylvania Bulletin, at least annually, a list tion between 1 year and 60 days prior to expiration of the of the services in the most recent basic training EMT’s certification from the Department. Failure to apply program for EMTs approved by the Department. If for recertification in a timely manner may result in the the approved course is not offered by the Depart- individual not being recertified before the prior certifica- ment, the Department may exclude from the pub- tion expires. The Department will recertify as an EMT an lished list, services taught which the Department individual who meets the following qualifications: determines are not appropriate services to be per- formed by an EMT. ***** [ (f) Instructor recertification (3) [ Files with the Department proof of success- (1) To qualify for recertification as an EMT in- ful completion of ] has successfully completed one of structor, an individual shall: the following: (i) Receive favorable ratings from the Depart- ***** ment during annual reviews of the instructor under (e) [ EMT instructor certification ] Scope of prac- actual classroom conditions. tice. (ii) Provide documentation to the Department that the instructor did a minimum of 20 hours of [ (1) To qualify for EMT instructor certification teaching per year. an individual shall: (iii) Possess current certification as an EMT or (i) Be 18 years of age or older. an EMT-paramedic. (ii) Successfully complete an EMT instructor (iv) Possess current certification in CPR. course as provided by the Department or possess at least a bachelor’s degree or teacher’s certification (v) Possess recommendations for recertification in secondary education. from the regional EMS council and an approved training institute. (iii) Possess current certification as an EMT or EMT-paramedic. (vi) Complete additional continuing education re- quirements established and approved by the De- (iv) Possess current certification in CPR. partment.
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(2) EMT instructor recertification shall expire tion (d) to prevent loss of life or aggravation of physiologi- concurrently with the individual’s EMT or EMT- cal or psychological illness or injury. This section does paramedic recertification. ] not prohibit an EMT-paramedic from providing EMS as a Good Samaritan. § 1003.23a. EMS instructor certification. (2) An EMT-paramedic who does not have or chooses (a) Qualifications for certification. The Depart- ment will issue an EMS instructor certification to not to maintain medical command authorization [ in an individual who meets the following require- accordance with ] under § 1003.28 may apply to the ments: Department for certification as an EMT. The rules appli- cable to certification of an EMT-paramedic as an EMT are (1) Has completed an application for EMS in- structor certification on a form prescribed by the in § 1003.23(b)(2) [ (relating to EMT) ]. An EMT-para- Department. medic without medical command authorization who is certified as an EMT may provide only the BLS services (2) Is 18 years of age or older. within an EMT’s scope of practice as set forth in (3) Has successfully completed an EMS instructor § 1003.23(a) and (e) until the EMT-paramedic has re- course approved by the Department, or possesses a gained medical command authorization in accordance bachelor’s degree in education or a teacher’s certi- with § 1003.28. Following loss of medical command fication in education. authorization, an EMT-paramedic may function as an EMT for the ALS ambulance service under (4) Has successfully completed an EMT-Basic which the EMT-paramedic has lost medical com- transition program or update, or has completed an mand authorization, for 30 days without securing EMT-Basic course. EMT certification, if approval to do so is granted by (5) Possesses current certification as an EMT or the ALS service medical director for that ALS EMT-paramedic, or recognition as a health profes- ambulance service. sional. (b) Certification. (6) Possesses current certification in CPR. (1) [ To be certified as an EMT-paramedic, an (7) Possesses at least 1 year experience function- individual shall ] The Department will certify as an ing at the EMT, EMT-paramedic or health profes- EMT-paramedic an individual who meets the fol- sional level providing prehospital care. lowing qualifications: (b) Renewal of instructor certification. An EMS instructor certification is valid for 3 years. The (i) Completes an application on a form prescribed Department will renew an EMS instructor certifica- by the Department. tion for an individual who meets the following [ (i) ] (ii) Possesses current certification as an EMT. requirements: (iii) Is 18 years of age or older. (1) Has completed an application for renewal of an EMS instructor certification on a form pre- [ (ii) Successfully complete ] (iv) Has successfully scribed by the Department. completed a training course for EMT-paramedics ap- (2) Has demonstrated competence in teaching the proved by the Department. didactic and practical skills portions of the curricu- (iii) Successfully complete (v) Has successfully lum. [ ] completed a practical examination of EMT-paramedic (3) Has provided documentation to the Depart- skills[ , as verified by the medical director of the ment to establish that the individual conducted at training program on a form provided by the De- least 20 hours of teaching per year. partment. (4) Possesses current certification as an EMT or (iv) Possess current CPR certification. EMT-paramedic, or recognition as a health profes- sional. (v) Successfully complete ] (vi) Has successfully (5) Possesses current certification in CPR. completed a written examination for EMT-paramedics administered by the Department. (6) Has completed an EMS instructor update pro- gram within 3 years prior to applying for renewal [ (vi) Be 18 years of age or older. of certification. (2) An individual who possesses EMT-paramedic § 1003.24. EMT-paramedic. certification from another state or National regis- (a) Roles and responsibilities. try may qualify for EMT-paramedic certification in this Commonwealth by meeting the Department’s (1) An [ individual who is certified by the Depart- requirements for reciprocity in § 1003.23(c). ment as an ] EMT-paramedic [ and ] who has been (3) (2) The Department will consider an An granted medical command authorization under § 1003.28 ] [ ] (relating to medical command authorization), or an indi- individual certified as an EMT-paramedic [ to be ] is vidual who is a student in an approved EMT-paramedic permanently certified as an EMT-paramedic, subject to training program under the supervision of an approved disciplinary action under section 11(j.1) of the act (35 P. S. preceptor, may provide in a prehospital, interhospital or § 6931(j.1)) and § 1003.27 (relating to disciplinary and in an emergency care setting in a facility, or during the corrective action). transfer of convalescent or other nonemergency (4) (3) *** cases, BLS services which may be performed by an [ ] EMT as set forth in § 1003.23(a) and (e) (relating to (c) Transition of EMT-paramedic I and EMT- EMT), as well as the ALS services [ listed ] in subsec- paramedic II certification to EMT-paramedic.
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(1) Current certification by the Department as an fer and medical treatment protocols ] taught in a EMT-paramedic II is equivalent to certification as training course for EMT-paramedics approved by an EMT-paramedic. After June 30, 1989, EMT- the Department, if the EMT-paramedic has received paramedic II certifications will not be issued by the training to perform those services in such a course, Department. Only certification as an EMT-para- in a course which is determined by the Department medic will be issued after June 30, 1989. to meet or exceed the standards of a training (2) Certification as an EMT-paramedic I will not course for EMT-paramedics preapproved by the be issued after June 30, 1989. Individuals currently Department, or in a course for which an EMT- certified as an EMT-paramedic I shall successfully paramedic may receive continuing education credit complete additional certification requirements as towards qualifying for medical command authoriza- determined by the Department to bring them up to tion, and is able to document this training. The the level of EMT-paramedic by June 30, 1989, or Department will publish, at least annually, a list of their certification will revert to the status of an the ALS services taught in the most recent training EMT for the remainder of their certification pe- course for EMT-paramedics approved by the De- riod. ] partment. If the approved course is not offered by the Department, the Department may exclude from Certification by endorsement. the published list, services taught which the De- (1) For an individual who is 18 years of age or partment determines are not appropriate services older and who is currently certified in another to be performed by an EMT-paramedic. state as an EMT-paramedic, the Department will § 1003.25a. Health professional physician. endorse the following qualifications as equivalent to those in subsection (b): [ (a) Basic qualifications. ] Physicians who have education and continuing education in ALS ser- (i) Certification as an EMT-paramedic in the other state instead of current certification as an vices and prehospital care may [ participate in EMS EMT in this Commonwealth. teams ] function as a member of the crew on an (ii) Successful completion of EMT-paramedic ambulance as a health [ professionals ] professional. training curriculum that meets or exceeds the stan- This section does not prohibit a health professional dards of the training course prescribed by the physician from providing EMS as permitted under Department under subsection (b)(1)(iv). 42 Pa.C.S. § 8331 (relating to medical good Samari- tan civil immunity). (iii) Successful completion of a written examina- tion for EMT-paramedic certification which is de- [ (b) Minimum qualifications At a minimum, a termined by the Department to meet or exceed the health professional physician shall: standards of the written examination prescribed by (1) Be a practicing physician. the Department under subsection (b)(1)(vi). (iv) Successful completion of a practical skills (2) Possess valid CPR certification. examination for EMT-paramedic certification which (3) Possess valid ACLS certification. is determined by the Department to meet or exceed the standards of the practical skills examination (4) Possess current certification as an EMT- prescribed by the Department under subsection paramedic, or successfully complete a prehospital (b)(1)(v). health professional training program approved by the Department and a practical skills evaluation (2) An individual whose EMT-paramedic certifica- and written examination administered by the De- tion in another state is expired at the time of partment. application may seek to have the satisfaction of paragraph (1)(ii) endorsed as equivalent to the sat- (c) Recognition of current practitioners who are isfaction of subsection (b)(1)(iv), but will not be physicians. A 1-year grace period after the approval considered by the Department for endorsement of of a prehospital physician course will permit an qualifications under paragraph (1)(i), (iii) or (iv), individual currently working in the prehospital and shall successfully complete the EMT-paramedic setting to challenge the practical or written por- practical skills and written examinations pre- tion, or both, of the physician prehospital exam scribed by the Department after making applica- format under the following conditions: tion for certification through examination. (1) The physician shall take written and practical (d) Scope of practice. An EMT-paramedic’s scope of prehospital physician exams and possess: practice includes the BLS services which may be per- (i) A valid license to practice in this Common- formed by an EMT as [ set forth ] in § 1003.23(a) and wealth as a Doctor of Medicine or Doctor of Oste- (e) and the ALS services set forth in this subsection. An opathy. EMT-paramedic, with medical command authorization, following the order of a medical command physician, or (ii) Evidence of participation in an educational use of Department approved transfer and medical treat- program sponsored by a hospital or regional train- ment protocols as authorized by the ALS service medical ing institute intended to provide the physician with director, may: the knowledge and skills needed to provide an advanced level of prehospital care, including physi- ***** cal assessment, immobilization and stabilization, (10) Perform [ vagal ] Valsalva maneuvers. patient extrication, airway management, EKG and rhythm interpretation and pharmacology. ***** (iii) A letter of support from a director of a (19) Perform other ALS services [ authorized by the medical command facility specific to challenging Department-approved regional EMS council trans- the exams.
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(2) The physician need take only the practical program ] ACLS course, or other programs determined prehospital physician exam and possess: by the Department to meet or exceed the standards of the (i) A valid license to practice in this Common- specified programs. wealth as a Doctor of Medicine or Doctor of Oste- ***** opathy. (2) A [ licensed ] registered nurse who received recog- (ii) Evidence of participation in an educational nition as a health professional registered nurse under the program sponsored by a hospital or regional train- voluntary health professional registered nurse recognition ing institute intended to provide the physician with program conducted by the Department prior to September the knowledge and skills needed to provide an 2, 1995, will be deemed to have Department recognition advanced level of prehospital care, including physi- as a prehospital registered nurse. cal assessment, immobilization and stabilization, patient extrication, airway management, EKG and (3) Department recognition of a prehospital registered rhythm interpretation and pharmacology. nurse under [ paragraphs (1) and (2) will be ] this section is permanent subject to disciplinary action under (iii) Board certification in an appropriate spe- section 11(j.1) of the act (35 P. S. § 6931(j.1)) and cialty or a residency in an emergency medicine § 1003.27 (relating to disciplinary and corrective action). residency program or currently advanced cardiac life support and advanced trauma life support ***** course certified. (c) Scope of practice. A prehospital registered nurse (iv) A letter of support from a director of a with medical command authorization may perform, in medical command facility specific to challenging addition to those services within an EMT-paramedic’s the exams. scope of practice, [ the following services: (d) Health professionals with specialty transport (1) Those ] other ALS services authorized by The teams. For the purposes of § 1005.10(d) (relating to Professional Nursing Law (63 P. S. §§ 221—225.5) . licensure standards), a physician may function as a [ ] health professional for specialty transport situa- [ (2) Other ALS services authorized by the tions when operating under institutional policies Department-approved regional EMS council trans- and procedures approved by the Department. ] fer and medical treatment protocols. § 1003.25b. Prehospital registered nurse. (3) Other ALS services authorized by medical (a) Roles and responsibilities. command in the case of a prehospital registered nurse who functions on an air ambulance service ], (1) A prehospital registered nurse who has medical when authorized by a medical command physician command authorization under § 1003.28 (relating to med- through either on line medical command or stand- ical command authorization) may provide the ALS ser- ing treatment protocols. vices in § 1003.24(d) (relating to EMT-paramedic) and those listed in subsection (c) in addition to the BLS (d) Recognition by endorsement. services in § 1003.23(a) and (e) (relating to EMT) to (1) The Department will grant recognition as a respond to the perceived needs of an individual for prehospital registered nurse to an individual who immediate medical care in an emergency. This section has served in a similar capacity in another state does not prohibit a prehospital registered nurse and who meets the following qualifications: from providing EMS as permitted under 42 Pa.C.S. § 8331 (relating to medical good Samaritan civil (i) Completes an application on a form prescribed immunity). by the Department. (2) A prehospital registered nurse who does not have or (ii) Is 18 years of age or older. chooses not to maintain medical command authorization (iii) Has successfully completed the American may apply to the Department for recognition as an EMT. Heart Association or the American Red Cross basic The rules applicable to certification of a prehospital life support training program and the ACLS course, registered nurse as an EMT are set forth in or other programs determined by the Department § 1003.23(b)(2). Following loss of medical command to meet or exceed the standards of the specified authorization, a prehospital registered nurse may programs. function as an EMT for the ALS ambulance service under which the prehospital registered nurse has (iv) Is licensed as a registered nurse in both this lost medical command authorization, for 30 days Commonwealth and another state. without securing EMT certification, if approval to (v) Has successfully completed either of the fol- do so is granted by the ALS service medical direc- lowing: tor for that ALS ambulance service. (A) The written ALS examination for prehospital (b) Recognition of a prehospital registered nurse. registered nurses approved by the Department and (1) The Department will recognize as a prehospital the EMT practical skills examination. registered nurse a [ licensed ] registered nurse who (B) Written and practical skills examinations de- meets the following qualifications: termined by the Department to meet or exceed the ***** examinations approved by the Department. (iii) Has successfully completed the American Heart (vi) Has successfully completed one of the follow- Association or American Red Cross basic cardiac life ing: support training program and the [ American Heart (A) The Pennsylvania prehospital registered Association advanced cardiac life support training nurse curriculum adopted by the Department.
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(B) A knowledge and skills assessment process (v) Assure that field training facilities are suffi- adopted by the Department. cient to meet the needs of the practice phase of the training program. (C) Curriculum or a knowledge and skills assess- ment process, which is determined by the Depart- (vi) Obtain and prepare classroom materials and ment to meet or exceed the standards adopted by exercises which reflect local resources, policies and the Department. practices. § 1003.26. Rescue personnel. (vii) Keep discussion oriented toward basic res- cue practices. (a) Basic rescue practices technician. (viii) Prepare practice and remedial activities, as (1) Roles and responsibilities.A[ certified ] basic res- required, to permit students to meet stated objec- cue practices technician is [ authorized ] an individual tives. certified by the Department as possessing the train- (ix) Assign responsibilities to assistant instruc- ing and skills to perform rescue skills in accordance tors. with the basic rescue practices course approved by the (x) Supervise assistant instructors. Department. A [ certified ] basic rescue practices techni- cian utilizes basic tools and equipment of the rescue (xi) Monitor and evaluate student and assistant service [ and is responsible for employing these instructor attendance, and performance. tools, equipment and techniques ] to perform a safe (xii) Maintain records of student and instructor and efficient rescue operation. attendance, performance evaluation and knowledge levels. ***** (xiii) Provide recommendations for course im- (b) Basic vehicle rescue technician. provement. (1) Roles and responsibilities.A[ certified ] basic ve- (2) At a minimum, rescue instructors shall: hicle rescue technician is [ authorized ] an individual (i) Be certified as an EMT by the Department, certified by the Department as possessing the train- and be certified in the fundamentals of firefighting. ing and skills to perform rescue skills in accordance with the basic vehicle rescue course approved by the (ii) Successfully complete a course of instruction in the techniques and philosophy of teaching. One Department [ which ]. That program provides the stu- of the following shall be submitted as proof of dent with the knowledge and skills necessary to achieve completion of this requirement: the rescue of persons involved in automobile accidents [ on highways ]. (A) A baccalaureate degree with an education major. ***** (B) State certification as an EMT-instructor. (c) [ Specialized ] Special vehicle rescue technician. (C) State certification as a fire service instructor. (1) Roles and responsibilities.A[ person certified in (iii) Successfully complete the Basic Rescue Prac- specialized ] special vehicle rescue [ training is au- tices Training Program which they intend to teach. thorized ] technician is an individual certified by (iv) Be certified as a rescue instructor by the the Department as possessing the training and Department. skills to perform [ rescue skills ] rescues in accordance (v) Be able to demonstrate their ability to operate with the specialized rescue training course approved by every tool and piece of equipment identified on the the Department. minimum equipment list in a manner above the ***** average person’s ability to perform. (3) Minimum qualifications. An individual shall com- (vi) Agree to actively participate in the presenta- plete a training program approved by the Department for tion of at least one certified basic rescue course per a specific level of specialized vehicle rescue performance, year in order to maintain their instructor certifica- and also shall successfully complete a written examina- tion. tion developed by the Department and administered by (3) The Department will give special consider- the Department. ation to competent instructors who do not meet the requirements in paragraph (2)(ii)(A)—(C). The can- (d) Rescue instructor [ roles and responsibilities. didate shall submit a letter to the Department of (1) Rescue instructors shall: Health, Division of Emergency Medical Services, Post Office Box 90, Harrisburg, Pennsylvania (i) Follow the prescribed course of instruction in 17108. ] The Department will develop a program leading the student to mastery of unit’s objectives providing for the certification of rescue instructors. and finally to mastery and accomplishment of suc- Courses that seek Department approval as a rescue cessfully reaching the course objective. training course shall be taught by certified rescue (ii) Assure that teaching aids are present and in instructors. operating condition. (e) Certificates. The rescue technician certifica- (iii) Assure that tools, equipment and support tions issued by the Department under this section materials are present and in operating condition. do not constitute a legal prerequisite to performing rescues. The rescue instructor certifications issued (iv) Set-up the classroom facility to permit a by the Department under this section do not consti- comfortable, yet successful, learning environment. tute a legal prerequisite to serving as a rescue
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 940 PROPOSED RULEMAKING instructor in programs other than rescue training ambulance service in this Commonwealth, the ALS ser- courses approved by the Department. The Depart- vice medical director shall [ directly observe ] deter- ment approves the rescue programs and issues the mine the individual’s [ performance of each ALS certifications referenced within this section to pro- service set forth in the individual’s applicable mote the Statewide EMS system having an ad- equate number of personnel with sufficient train- scope of practice ] competence to perform those ing and skills to perform rescues. services by direct observation or by consulting with a physician, EMT-paramedic or prehospital regis- § 1003.27. Disciplinary and corrective action. tered nurse who has directly observed the individu- (a) The Department may, upon investigation, hearing al’s performance of those services, and who the ALS and disposition, impose upon prehospital personnel who service medical director has determined to be are certified or recognized by the Department one qualified to make the assessment. If the individual or more of the disciplinary or corrective measures in had previously been granted medical command authoriza- subsection (c) for one or more of the following reasons: tion, the ALS service medical director shall verify that the individual can competently perform each ALS service ***** [ set forth in the individual’s applicable scope of (2) Deceptive or fraudulent procurement or misrepre- practice ] of those services by either directly ob- sentation of certification or recognition credentials. serving the individual’s performance of those ser- ***** vices; or by consulting with a physician, EMT- paramedic or prehospital registered nurse who has (12) Failure to comply with ambulance [ trip ] re- directly observed the individual’s performance of sponse reporting requirements as established by the those services, and who the ALS service medical Department. director has determined to be qualified to make the ***** assessment; or doing the following for services not directly observed or by: (15) Conviction of a misdemeanor which relates to the practice or the profession of the prehospital personnel ***** practitioner. Conviction is a judgment of guilt. (iii) Performing a medical audit of records of services ***** provided by the individual seeking medical command (d) The Department will conduct all aspects of the authorization, for patients attended to by that indi- disciplinary process and any hearing that may be held in vidual for the ALS ambulance for which the ALS service medical director is making the medical accordance with 1 Pa. Code Part II (relating to [ general command authorization decision. rules of administrative practice and procedure ] General Rules of Administrative Practice and Pro- ***** cedure). A revocation or suspension of certification or (4) If the ALS service medical director determines that recognition may be appealed to the Commonwealth the individual applying for medical command authoriza- Court under 2 Pa.C.S. §§ 501—508 and 701—704 (relat- tion cannot competently perform [ the ALS services ing to [ administrative agency law ] Administrative within that individual’s scope of practice ] one or Agency Law). more of those services, the ALS service medical direc- § 1003.28. Medical command authorization. tor shall either deny, or restrict as provided in subsec- (a) Authority to grant medical command. The ALS tion (c)(3), the individual’s medical command authoriza- service medical director has the authority to grant, deny tion in a written document provided to the or restrict as provided in subsection (c)(3), medical individual. command authorization to an EMT-paramedic or prehos- (c) Review of medical command authorization. At least pital registered nurse who seeks to provide EMS on annually, and more often as circumstances warrant, the behalf of the ALS ambulance service. The ALS service ALS service medical director shall review the medical medical director shall document the medical command command authorization status of each EMT-paramedic authorization decision and how that decision was made. and prehospital registered nurse providing services on The decision of the ALS service medical director shall behalf of the ALS ambulance service. In reviewing med- affect the medical command authorization status of the ical command authorization, the ALS service medical EMT-paramedic or prehospital registered nurse for that director shall ensure that the individual has completed ALS ambulance service only. or is completing the applicable continuing education (b) Prerequisites to initial determination regarding requirements in § 1003.29 and has demonstrated compe- medical command authorization. tence, as verified by the ALS service medical director, in performing each of the [ skills set forth in the indi- ***** vidual’s scope of practice ] services that fall within (3) Before the ALS service medical director may grant the scope of the individual’s medical command medical command authorization to an individual, the ALS authorization. The ALS service medical director, upon service medical director shall verify that the individual review of medical command authorization, may: can competently perform each of the services set forth [ in ] within the [ individual’s applicable ] scope of ***** practice authorized by the individuals’ certification (2) Renew medical command authorization and require or recognition, which is also permitted by the continuing education courses in any field the ALS service medical treatment protocols in the region or re- medical director deems appropriate. The ALS service gions in which ambulances of the ALS ambulance medical director may require an individual to se- service, out of which the individual will function, cure more continuing education credit than gener- are stationed. If the individual had not previously been ally required for personnel operating under med- granted medical command authorization for any ALS ical command authorization for the ALS ambulance
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 941 service, only if the ALS service medical director that party shall have the right of immediate appeal to the determines that the individual does not demon- Department. The party appealing the regional EMS med- strate sufficient competence in performing a ser- ical director’s decision shall submit a written statement to vice, the continuing education is prescribed to the Department specifying the reasons for the party’s address that deficiency and the number of continu- objections to the regional EMS medical director’s decision ing education hours generally required are not within 14 days [ of ] after that decision. The other sufficient to provide the education the individual party shall have 14 days to respond. The Department needs to remedy the problem. will review the record before the regional EMS medical [ (3) Require completion of specified continuing director, and if deemed advisable by the Department education courses as a prerequisite to renewal of [ shall ] will hear argument and additional evidence. As medical command authorization. soon as practicable, the Department, will issue a final decision containing findings of fact and conclusions of law (4) ] (3) Restrict [ the scope of practice under ] which affirms, reverses or modifies the regional EMS medical command authorization, if the restriction does medical director’s decision. not preclude the individual from performing the services specified within the scope of the individu- (f) Scope of appeals. Appeals under this section shall be al’s certification or recognition as permitted by the confined to a review and determination of whether, at the medical treatment protocols for the region. This time of the assessment conducted by the ALS service permits imposing a restriction such as requiring on medical director, the individual possessed the competence scene supervision when the individual performs a to perform [ skills for which the individual was specified service or services, or permitting a speci- denied medical command authorization ] all ser- fied service or services to be performed only when vices within the scope of the individual’s medical the individual is receiving online medical com- command authorization for the ambulance service. mand. (g) Service; determination of time period. Each [ (5) ] (4) *** party shall serve the other with any document the party files with a regional EMS medical director or (d) Appeals to the regional EMS medical director.An the Department. In determining the time in which individual whose medical command authorization has a document is to be filed under this section, time been denied [ or restricted ] by the ALS service medical begins to run for the parties when the document is director may appeal the decision within 14 days to the mailed, and time begins to run for a regional EMS regional EMS medical director. The individual’s appeal medical director when the document is received by shall be in writing and shall specify the reasons the the regional EMS medical director. individual disagrees with the decision of the ALS service medical director. The regional EMS medical director shall § 1003.29. Continuing education requirements. conduct a hearing. If the regional EMS medical direc- (a) First responders. A first responder who elects to tor is unable to conduct a fair hearing due to qualify for recertification by fulfilling continuing educa- receiving prejudicial information prior to the hear- tion requirements shall, prior to the expiration of the ing, or for another reason, the regional EMS coun- 3-year certification period, [ attend ] successfully com- cil shall arrange for the regional EMS medical plete the following: director of another region to conduct the hearing. At the hearing, the ALS service medical director shall (1) Sixteen hours of instruction [ provided by a con- have the burden to proceed and offer testimony and other tinuing education sponsor ] in subjects related to the evidence in support of the ALS service medical director’s scope of practice of a first responder as set forth in decision. The individual shall also have an opportunity to § 1003.22(a) and (e) (relating to first responder) and present testimony and other evidence in support of the which have been approved by the Department for individual’s position. Both parties shall have an opportu- continuing education credit. During the first full nity to cross-examine opposing witnesses and to submit certification period the first responder begins fol- oral and written position statements. The regional EMS lowing (Editor’s Note: The blank refers to medical director may give the parties up to 5 additional the effective date of adoption this proposal.), at days following the hearing to submit written position least eight of those credits shall be in medical and statements. The regional EMS medical director will issue trauma education. a written decision affirming, reversing or modifying the ALS service medical director’s decision within 14 days (2) A CPR course [ for adult, child and infant [ of ] after the hearing or within 14 days [ of ] after the sponsored by the American Heart Association, the submission of post hearing position statements, if they American Red Cross or another CPR program de- are filed. The regional EMS medical director’s written termined by the Department to meet or exceed the decision shall contain the regional EMS medical director’s standards of the specified programs ] completed or findings and conclusions. If the ALS service medical taught biennially. director fails to appear at the hearing, the regional EMS (b) EMTs. An EMT who elects to qualify for recertifica- medical director shall reverse the ALS service medical tion by fulfilling continuing education requirements shall, director’s decision. If the individual fails to appear at the prior to the expiration of the 3-year certification period, hearing, the regional EMS medical director shall make a attend successfully complete the following: determination upon the evidence presented and either [ ] affirm, reverse or modify the decision of the ALS service (1) Twenty-four hours of instruction [ provided by a medical director. The burden of proof is a preponder- continuing education sponsor ] in subjects related to ance of the evidence. the scope of practice of an EMT as set forth in (e) Appeals to the Department. If either party is dissat- § 1003.23(a) and (e) (relating to EMT) and which isfied with the decision of the regional EMS medical have been approved by the Department for continu- director with regard to medical command authorization, ing education credit. During the first full certi-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 942 PROPOSED RULEMAKING fication period the EMT begins following (Editor’s in a calendar year for serving as an instructor in Note: The blank refers to the effective date of courses for EMTs or first responders. ] This section adoption of this proposal.) at least 12 of those does not prohibit an ambulance service from re- credits shall be in medical and trauma education. quiring prehospital personnel to satisfy continuing (2) A CPR course [ for adult, child and infant education requirements it may choose to impose as a condition of employment, provided that the am- sponsored by the American Heart Association, the bulance service may not do the following: American Red Cross or another CPR program de- termined by the Department to meet or exceed the (1) Excuse a prehospital practitioner from meet- standards of the specified programs ] completed or ing continuing education requirements imposed by taught biennially. this section. (c) EMT-paramedics. To be eligible to receive and retain (2) Establish individual continuing education re- medical command authorization, an EMT-paramedic shall quirements for the EMT-paramedics or prehospital [ attend ] successfully complete in each calendar year, registered nurses staffing the ambulance service, except as authorized by § 1003.28(c)(2) (relating to 18 hours of instruction [ provided by a continuing medical command authorization). education sponsor ] in subjects related to the scope of practice of an EMT-paramedic as set forth in [ (f) Continuing education credit through endorse- § 1003.24(a) and (d) (relating to EMT-paramedic) ment. Prehospital personnel who attend courses and which have been approved by the Department offered by any organization or agency with Na- for continuing education credit, and shall biennially tional or state accreditation to provide continuing attend or teach a CPR course [ for adult, child and education may apply to the Department to receive infant sponsored by the American Heart Associa- credit for these courses. The individual shall have tion, the American Red Cross or another CPR the burden of demonstrating to the Department program determined by the Department to meet or that these courses meet standards equivalent to exceed the standards of the specified programs ]. those standards imposed by this part. ] Beginning in 1999, at least 9 of the 18 hours of § 1003.30. Accreditation of sponsors of continuing instruction shall be in medical and trauma educa- education. tion. In the initial year of certification, the EMT- paramedic’s continuing education requirements, to (a) Entities and institutions may apply for accredita- secure renewal of medical command authorization tion as a continuing education sponsor by submitting to for the following year, shall be prorated based upon the Department an application [ on ] in a [ form sup- the month the certification was secured. plied ] format prescribed by the Department. The (d) Prehospital registered nurses. To be eligible to re- applicant shall supply all information requested [ on ] in ceive and retain medical command authorization, a pre- the application. The Department will grant accreditation hospital registered nurse shall [ attend ] successfully to an applicant for accreditation as a continuing educa- complete in each calendar year, 18 hours of instruction tion sponsor [ who ] if the applicant satisfies the [ provided by a continuing education sponsor ] in Department that the courses the applicant will offer will subjects related to the scope of practice of a prehospital meet the following minimum standards: registered nurse as set forth in § 1003.25b(a) and (c) ***** (relating to prehospital registered nurse) and (5) The courses shall be presented by a qualified which have been approved by the Department for responsible instructor in a suitable setting devoted to continuing education credit, and shall attend or the educational purpose of the course. teach biennially a CPR course [ for adult, child and infant sponsored by the American Heart Associa- [ (6) The course shall be open to all prehospital tion, the American Red Cross or another CPR personnel interested in the subject matter. ] program determined by the Department to meet or ***** exceed the standards of the specified programs ]. Beginning in 1999, at least 9 of the 18 hours of (c) At least [ 30 ] 90 days prior to expiration of the instruction shall be in medical and trauma educa- 3-year accreditation period, a continuing education spon- tion. In the initial year of recognition, the prehospi- sor shall apply to the Department for renewal of the tal registered nurse’s continuing education require- sponsor’s accreditation. The Department will renew the ments, to secure renewal of medical command sponsor’s accreditation if the sponsor meets all of the authorization for the following year, shall be pro- following requirements: rated based upon the month the recognition was secured. ***** (e) [ Continuing education credit for instruction. (3) The sponsor has satisfied its responsibilities under § 1003.32 (relating to responsibilities of con- Prehospital personnel may also accrue hours to be tinuing education sponsors). credited to the individual’s continuing education requirements equivalent to the number of hours (d) If the Department deems that the continuing the individual is an instructor in a continuing education sponsor has demonstrated a history of education course offered by a continuing education understanding and compliance with the regulatory sponsor, or a course that satisfies requirements for standards for providing continuing education to initial certification or recognition of prehospital prehospital personnel, the Department may apprise personnel conducted by an accredited training in- the continuing education sponsor that its accredita- stitute for prehospital personnel. EMT-paramedics tion constitutes prior approval of continuing educa- and prehospital registered nurses may secure no tion courses offered under this chapter which are more than 6 hours of continuing education credit presented in a classroom setting, and permit the
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 943 continuing education sponsor to assign the number partment for a self-study continuing education of credit hours for the course, based upon the course. The prehospital practitioner shall submit criteria in § 1003.31(a) (relating to credit for con- an application to the Department to approve the tinuing education). self-study course for credit prior to commencing § 1003.31. Credit for continuing education. the course and shall supply the Department with the materials the Department requests to conduct (a) Credit hour. A prehospital practitioner shall the evaluation. The Department will assign credit receive 1 hour credit for each 60 minutes of instruc- to the course based upon considerations of whether tion presented in a classroom setting by a continu- the course addresses appropriate subject matter ing education sponsor. Credit may not be received and whether the method of completing the course if attendance or other participation in the course is meets standards substantially equivalent to those not adequate to meet the educational objectives of prescribed in this chapter. The Department may the course as determined by the course sponsor. require modifications to the proposed self-study as Credit may not be received for other than 30 or a precondition to approving it for credit. 60-minute units of instruction, however the course shall be at least 60 minutes. For completing a (g) Continuing education credit assigned to continuing education course that is not presented courses not presented in a classroom setting. A in a classroom setting, or that is not presented by a prehospital practitioner shall be awarded credit for continuing education sponsor, the prehospital prac- completing a course without the prehospital practi- titioner shall receive the number of credit hours tioner physically attending the course in a class- assigned by the Department to the course. room setting, provided the course has been ap- proved by the Department for credit when (b) Course completion. A prehospital practitioner presented in that manner. may not receive credit for a continuing education course not completed, as evidenced by satisfaction (h) Reporting continuing education credits to pre- of the check-in/check-out process for a course pre- hospital personnel. A record of the continuing edu- sented in a classroom setting by a continuing edu- cation credits received by prehospital personnel cation sponsor, which reflects that the prehospital shall be maintained in a Statewide registry. A re- practitioner met the continuing education atten- port of the continuing education accumulated shall dance requirement for receiving credit, and the be provided annually to first responders and EMTs, continuing education sponsor’s report to the De- and semiannually to EMT-paramedics and prehospi- partment verifying that the prehospital practi- tal registered nurses at the mailing address on tioner has completed the course. The course will record with the Department. also not be considered completed if the prehospital (i) Resolution of discrepancies. It is the responsi- practitioner does not satisfy other course comple- bility of the prehospital practitioner to review the tion requirements imposed by this chapter and the report of continuing education credits and to notify continuing education sponsor. the appropriate regional EMS council of any dis- (c) Continuing education credit for instruction. A crepancy within 30 days after the report is mailed. prehospital practitioner shall receive credit equal The Department will resolve all discrepancies be- to the number of hours served as an instructor in a tween the number of continuing education credits continuing education course offered by a continu- reported and the number of continuing education ing education sponsor, or in a course that satisfies credits a prehospital practitioner alleges to have requirements for initial certification or recognition earned, which are not resolved by the regional EMS of a prehospital practitioner conducted by a train- council. ing institute for prehospital personnel accredited § 1003.32. Responsibilities of continuing education by the Department. sponsors. (d) Continuing education credit through endorse- (a) Record of attendance. A continuing education ment. A prehospital practitioner who attends or sponsor shall maintain a record of attendance for a teaches a course offered by an organization with course presented in a classroom setting by main- National or state accreditation to provide educa- taining a check-in/check-out process approved by tion may apply to the Department to receive credit the Department, and shall assign at least one per- for the course. The prehospital practitioner shall son to ensure that all individuals attending the have the burden of demonstrating to the Depart- course check in when entering and check out when ment that the course meets standards substantially leaving. If an individual enters a course after the equivalent to the standards imposed in this chap- starting time, or leaves a course before the finish- ter. ing time, the assigned person shall ensure that the (e) Continuing education credit assigned to time of arrival or departure is recorded for the courses not conducted by a continuing education individual. sponsor. If a course is offered by an organization (b) Reporting attendance. A continuing education with National or state accreditation to provide sponsor shall report to the Department, in the education, which is not a continuing education manner and format prescribed by the Department, sponsor, the Department will assign credit to the attendance at each continuing education course course, including the possibility of no credit or presented in a classroom setting within 10 days partial credit, based upon considerations of after the course has been presented. whether the course bears entirely upon appropriate (c) Course evaluation. A continuing education subject matter and whether the method of present- sponsor shall develop and implement methods to ing the course meets standards substantially evaluate its course offerings to determine their equivalent to those prescribed in this chapter. effectiveness. The methods of evaluation shall in- (f) Continuing education credit assigned to self- clude providing a course evaluation form to each study courses. Credit may be sought from the De- person who attends a course.
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(d) Record retention. The continuing education (c) If a continuing education sponsor advertises sponsor shall retain for each course it presents, the that it has applied to the Department to secure completed course evaluation forms and the check- continuing education credit for a course, prior to in/check-out record for a course presented in a presenting the course it shall disclose to all enroll- classroom setting. If the continuing education spon- ees whether the course has been approved or disap- sor has received Department approval to assign proved for credit. credit to a course under § 1003.30(d) (relating to § 1003.34. Withdrawal of accreditation or course accreditation of sponsors of continuing education), approval. the retained records shall also include course mate- rials used, a record of the course instructor’s quali- If the continuing education sponsor fails to sat- fications, the course instructor’s lesson plans and isfy the requirements of this chapter, the Depart- examinations if applicable. These records shall be ment may: retained for at least 4 years from the presentation (1) Withdraw its accreditation. of the course. (2) Downgrade its accreditation status to provi- (e) Providing records. A continuing education sional accreditation, subject to withdrawal if defi- sponsor shall promptly provide the Department ciencies are not resolved within a time period with complete and accurate records relating to the prescribed by the Department. course as requested by the Department. (3) Withdraw approval of a continuing education (f) Course not presented in a classroom setting. A course applicable to any future presentation of the continuing education sponsor shall be exempt from course. the requirements of subsections (a) and (b) for a course which is not presented in a classroom set- Subchapter C. [ AIR AMBULANCE PERSONNEL ] ting, if the course is approved by the Department (Reserved) for credit when presented in that manner. When § 1003.41. [ Air ambulance medical director ] (Re- presenting the course to the Department for ap- served). proval for credit, the continuing education sponsor shall present a procedure for monitoring, confirm- [ (a) Roles and responsibilities. An air ambulance ing and reporting prehospital practitioner partici- medical director is responsible for the following: pation in a manner that achieves the purposes of (1) Providing medical guidance and advice to the subsections (a) and (b). air ambulance service personnel. (g) Monitoring responsibilities. A continuing edu- (2) Participating in training of medical flight cation sponsor shall ensure that a course was crew members. presented in a manner that met all of the educa- tional objectives for the course, and shall deter- (3) Granting or denying medical command autho- mine whether each prehospital practitioner who rization in accordance with § 1003.28 (relating to enrolled in the course met the requirements of this medical command authorization) to medical flight chapter and the continuing education sponsor to crew members who require the authorization. receive credit for completing the course. (4) Performing medical audits of patient care (h) Course completion. A continuing education provided by the air ambulance service’s medical sponsor shall report to the Department, in a man- flight crew members. ner and format prescribed by the Department, (b) Minimum qualifications. If the air ambulance completion of a course by a prehospital practi- medical director is not a medical command physi- tioner who completes the course, and shall identify cian, the air ambulance medical director shall: to the Department a prehospital practitioner who (1) Possess the minimum qualifications for a med- seeks credit for a course but who did not meet the ical command physician in § 1003.4(b)(1)—(5) (relat- requirements of the continuing education sponsor ing to medical command physician). or this chapter to receive continuing education credit. The continuing education sponsor shall also (2) Have experience in the base station radio provide a prehospital practitioner who completes a direction of prehospital personnel. course with a document certifying completion of (3) Have knowledge of altitude physiology and of the course. potential medical complications which may arise § 1003.33. Advertising. during transport of a patient by air ambulance. (4) Have knowledge of air craft safety and the (a) A continuing education sponsor may advertise capabilities and limitations of the aircraft used. a course as a continuing education course in a manner that states or suggests that the course (5) Have knowledge regarding the application, meets the requirements of this chapter only if the use, maintenance and hazards of routine or special course has been approved by the Department or is medical equipment used during transport of pa- deemed approved under § 1003.30(d) (relating to tients by the air ambulance service. accreditation of sponsors of continuing education). (6) Successfully complete Parts A and B of the (b) When a course has been approved for continu- Medical Command Base Station Course adopted by ing education credit, the continuing education the Department. ] sponsor shall announce, in its brochures or regis- § 1003.42. [ Air ambulance medical crew members ] tration materials: this course has been approved by (Reserved). the Department for (the approved num- ber of hours) of continuing education credit for [ (a) Roles and responsibilities. The air ambu- (the type of prehospital practitioner to lance medical air crew members shall have the which the course applies). following responsibilities:
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(1) To assure that equipment/supplies that are (2) Be trained in, and familiar with, the Pennsyl- required for an air ambulance flight are on the vania Emergency Medical Services Communica- aircraft and in working order prior to takeoff for tions Systems within their service area. patient transport. (3) Be trained by the manufacturer in the opera- (2) To provide medical care and intervention ac- tion of the specific type of aircraft, and have at cording to direct medical command or written least 5 hours of flying time in the aircraft before protocols/standing orders. serving as pilot in command. (3) To maintain a patient treatment record, docu- (4) Be specifically trained, and preferably experi- menting medical care rendered by the medical enced, in flying the terrain and conditions unique flight crew and the disposition of the patient at the to the air ambulance service area. receiving medical facility. The patient treatment (5) Possess recurrent training in accordance with record shall be maintained at the base hospital. FAA requirements found at 14 CFR 135.351 (relating (4) To evaluate each patient for potential adverse to recurrent training). effects from flight operations. (6) Hold a current rotorcraft certification with a (5) To assure that the patient and equipment are minimum of 2,000 rotorcraft flight hours as pilot in secured during flight. command. ] (b) Minimum qualifications. Air ambulance med- § 1003.44. [ Air ambulance communications special- ical air crew members shall have the following ist (Reserved). minimum qualifications: ] (1) Recognition as a Pennsylvania licensed health [ (a) Roles and responsibilities. Communications professional or certification as an EMT-paramedic. specialists who dispatch air ambulance service air- craft have the following responsibilities: (2) Knowledge and skill in the application, opera- tion, care and removal of on-board medical equip- (1) To take emergency calls and dispatch appro- ment used in the care of the patient, as well as priate air ambulance services to respond to the knowledge of potential in-flight complications emergency. which may arise from the use of the equipment, (2) To document the following information: and the treatment of these complications, as well as knowledge of flight physiology. (i) Time of initial and subsequent air ambulance request calls. (3) Training in the use of extrication devices, rescue and survival techniques appropriate to the (ii) Name of party or agency requesting the air terrain and the conditions under which the service ambulance service and a verification phone num- is operated. ber. (4) Knowledge of policies and procedures of the (iii) Pertinent patient medical information. air ambulance service. (iv) Names of referring and receiving physicians (5) Knowledge of safety operations in and around at hospitals. aircraft, and in-flight and post-flight aircraft acci- (v) Landing and destination sites. dent and incident procedures. (vi) The details of needed ground transportation (6) Knowledge of the use of the installed aircraft arrangements at pick-up and landing sites. and portable communications equipment. ] (vii) Times and reasons for aborted or missed § 1003.43. [ Air ambulance pilot ] (Reserved). flights. [ (a) Roles and responsibilities. A pilot employed (viii) Details of coordination with ground person- and dispatched for air ambulance service flight nel for landing and receipt of the aircraft. shall have the following responsibilities: (ix) Other data pertinent to the service’s specific needs for completing activity review reports. (1) To assure that the aircraft is ready for flight at all times. (b) Minimum qualifications. Air ambulance com- munications specialists shall have training com- (2) To proceed expeditiously and as directly as mensurate with the scope of responsibility given possible to the flight destination considering weather, appropriate safety rules, noise abatement them by the particular dispatch center. ] procedures, flight path and altitude clearances. CHAPTER 1005. LICENSING OF BLS AND ALS (3) To flight follow with the communications cen- GROUND AMBULANCE SERVICES ter at intervals not to exceed 15 minutes. If the § 1005.1. General provisions. aircraft is outside the radio range of the base communications center, adequate flight following (a) This chapter applies to ground ambulance shall be planned and executed. services. [ No ] person, or other entity, as an owner, agent or otherwise, may not operate, conduct, maintain, (b) Minimum qualifications. Pilots employed and advertise or otherwise engage in or profess to be engaged dispatched for air ambulance service flight shall: in providing a BLS or ALS ambulance service upon the (1) Meet FAA requirements for medical certifica- highways or in other public places in this Commonwealth, tion, licensing and aircraft type ratings pertaining unless that person holds a current valid license as a BLS to the flight, as specified at 14 CFR Part 135 or ALS ambulance service issued by the Department (relating to air taxi operators and commercial op- [ unless exempted by ] or is from these prohibitions erators). under the act.
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(b) The Department will license an [ ambulance ser- [ (9) ] (10) Statement attesting to the veracity of the vice ] applicant as a BLS or ALS ambulance service, or application, which shall be signed by [ a responsible both, when it meets the requirements of the act and this person affiliated with ] the principal official of the part. applicant. (c) An ALS ambulance service may [ be licensed to (b) The [ ambulance service ] applicant shall provide ALS under medical command and direc- [ complete and ] submit the application to the regional tion, in one or more ] employ either or both of the EMS council [ in whose jurisdiction ] exercising re- following [ modes ] types of ambulances: sponsibility for the EMS region in which the [ ser- (1) A mobile intensive care unit vehicle, which is a vice is located ] applicant will station its ambu- [ unit ] vehicle that [ responds and transports seri- lances if licensed. ously ill or injured ] is designed, constructed, (1) The regional EMS council shall review the applica- equipped and maintained or operated to provide tion for completeness[ , ] and accuracy [ and conform- emergency medical care to and transportation of ance with regional EMS plans and protocols. patients. (2) Complete applications shall be forwarded to (2) An ALS squad unit vehicle, which is a vehicle that the Department by the regional EMS council within is specifically modified and equipped, and is maintained 14 days of receipt. ] or operated for the purpose of transporting ALS prehos- (3) ] (2) Incomplete applications shall be returned by pital personnel and equipment to the scene of an emer- the regional EMS council to the applicant within 14 days gency. of receipt. [ (3) An ALS transport service, which is a unit (c) Upon receipt of a complete application, the [ De- that transports patients between health care partment ] regional EMS council will schedule and facilities/institutions. ] conduct an onsite inspection of the applicant’s [ service ] (d) In addition to the general requirements for excep- vehicles, equipment and personnel qualifications, tions in § 1001.4 (relating to exceptions), the Department as well as other matters that bear upon whether may grant exceptions to regulatory licensure stan- the applicant satisfies the statutory and regulatory dards for ALS and BLS ambulance services that are criteria for licensure. The inspection shall be per- licensed in a contiguous state if: formed within 45 days after receipt by the [ Depart- ment ] regional EMS council of the completed applica- ***** tion. § 1005.2. Applications. (d) An ambulance service shall submit a change (a) An application for [ licensure ] an original or of vehicle form to the regional EMS council within 10 days after placing a new ambulance in service, renewal ambulance service licensure shall be submit- and may continue to operate the ambulance unless ted [ by ambulance service providers ] on forms its authority to do so is disapproved by the Depart- prescribed by the Department. The application shall ment following inspection. contain , but not be limited to, the following informa- [ ] (e) An ambulance service shall apply for and tion as well as any additional information that may secure an amendment of its license prior to sub- be solicited by the application form: stantively altering the location or operation of its ***** ambulances in an EMS region, such as a change in location or operations which would not enable it to (4) [ Type and level ] Level of service—ALS or BLS. timely respond to emergencies in the emergency service area it committed to serve when it applied (5) [ Service ] The emergency service area for a license. The application for an amendment of [ served—both primary and mutual-aid ] the appli- an ambulance service license shall be submitted to cant commits to serve, or, alternatively, a statement the regional EMS council on a form prescribed by that the applicant intends to engage primarily in the Department. interfacility transports. § 1005.3. Right to enter [ and ], inspect and obtain (6) Personnel [ work status—partially paid, fully records. paid or volunteer ] roster and staffing plan. (a) Upon the request of an employe or agent of the Department during regular and usual business hours, or (7) [ Design types and the ] The number and types at other times when that person possesses a reasonable (BLS, mobile intensive care unit, ALS squad unit) of belief that violations of this part may exist, a licensee ambulance vehicles to be operated by the [ service ] shall: applicant, and identifying information relating to ***** those ambulances. (2) Produce for inspection [ personnel and other ***** employment ], permit copying and provide within a (9) Primary physical building location, and other reasonable period of time, records that pertain to building locations out of which it will operate [ certification of ] personnel and their qualifications, ambulances or a full description of how its ambu- staffing, equipment [ and mutual aid agreements ], lances will be placed and respond to emergency supplies and policies and procedures required un- calls if they will not be operated out of other der § 1005.10 (relating to licensure and general building locations. operating standards).
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(3) Permit the [ agent ] person to examine vehicles, (b) A license certificate will [ indicate ] specify the required equipment and [ recordkeeping ] supplies name of the ambulance service, its license number, and security facilities [ for information collected the address of its primary headquarters, the [ date ] under § 1001.41 ]. dates of issuance and expiration, the levels of service the ambulance service [ provider ] is authorized to (b) The Department’s [ agent ] representative shall provide and the name of the regional EMS council advise the licensee that the inspection is being conducted through which the license application was pro- under section 12(k) of the act (35 P. S. § [ 6938 ] 6932k) cessed. If the ambulance service is an ALS ambu- and this chapter. lance service, the license certificate will also specify the types of ALS ambulance the ambulance (c) [ The Department reserves the right to enter service has been authorized to use. and make inspections at least quarterly, and at other times upon complaint or a reasonable belief (c) [ A license shall be issued for each level of that violations of this part may exist. service being provided by the licensee. The issu- ance of a license for both BLS and ALS shall be (d) ] Failure of a licensee to produce records [ for determined by the contents of the application, and inspection ] or to permit an examination [ of equip- with the concurrence of the regional EMS council, ment and facilities ] as required by this section within whose jurisdiction the applicant is located constitutes misconduct in operating the ambulance or headquartered. service and shall be grounds for [ suspension, revoca- (d) ] The current license certificate shall be displayed tion ] disciplinary sanctions or denial of license. in a public and conspicuous place in the ambulance § 1005.4. Notification of deficiencies to applicants. service’s [ quarters ] primary headquarters. (a) [ Within 30 days of an inspection, ] Upon [ (e) ] (d) An ambulance [ vehicle of an ambulance completion of the license inspection the inspector service ] shall be identified by a decal issued by the shall provide the applicant for an ambulance service Department which shall be considered part of its license [ and the regional EMS council shall be license and which shall be applied to the outside of the notified as to ] an inspection report specifying the [ vehicle ] ambulance in a conspicuous place. results of the inspection. [ (f) A ] (e) An ambulance decal issued by the De- (b) If the [ Department has determined ] inspector partment may not be displayed on a vehicle by [ a determines that deficiencies warrant a reinspection, the service ] an entity not [ currently ] licensed as an [ Department will give written notice to the appli- ambulance service by the Department. cant and the regional EMS council of the deficien- cies ] inspector shall give the ambulance service [ (g) ] (f) *** written notice of the matters to be reinspected. § 1005.6. Out-of-State providers. (c) [ The ] If the type of deficiency requires a plan Ambulance services located or headquartered outside of of correction, the applicant shall have 30 days in which this Commonwealth that [ have primary response ar- to [ respond to the Department ] provide the inspec- eas or routinely transport ] regularly engages in tor with a plan to correct the [ deficiencies ] defi- the business of providing emergency medical care ciency. [ The Department will review the plan of and transportation of patients from within this Com- correction, and, if ] If the plan is found to be accept- monwealth, to facilities within or outside this Com- monwealth, are required to be inspected and licensed by able, the [ Department ] inspector will [ make an the Department. onsite ] conduct a reinspection in accordance with the time frame given in the plan of correction. § 1005.7. Services owned and operated by hospitals. (d) [ Within 30 days of the reinspection, the De- [ Ambulance services owned and operated by a ] partment will give written notice to the applicant A hospital[ , ] licensed under Chapter 8 of the Health and the regional EMS council of the results of the Care Facilities Act (35 P. S. §§ 448.801—448.820) [ are ] reinspection. ] If the applicant disagrees with any is not required to obtain a separate ambulance service deficiency cited by the inspector following the license to [ provide ] own and operate an ambulance inspection or reinspection, or the regional EMS service. [ These ] An ambulance [ services are ] ser- council’s rejection of a plan of correction, the vice owned and operated by a hospital is subject to applicant shall apprise the Department of the mat- the act and this part, and shall be inspected under this ter in dispute, and the Department will resolve the part, regardless of whether the hospital secures a dispute. license to operate as an ambulance service. (e) [ When the applicant meets the requirements § 1005.7a. Renewal of ambulance service license. of this part, the Department will proceed with the (a) The Department will notify the ambulance licensure process. The Department will act upon ] service to renew its license at least 120 days prior the license application within 30 days after the to the expiration date of the license. inspection process has been completed. § 1005.5. Licensure. (b) An ambulance service shall apply for renewal of its license between 120 days and 60 days prior to (a) A license to operate as an ambulance service will the expiration of its license. Failure to apply for be issued by the Department when it has [ been ] renewal in a timely manner may result in the determined that requirements for licensure have been applicant not securing a renewal of its license met. before the prior license expires.
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(c) The criteria for license renewal are the same (2) Copies of prehospital ambulance [ trip ] call re- as the requirements that would apply for original ports or other formats on which those records are licensure at the time the renewal application is kept on patients treated or transported[ , or both, made. during the 3-month period prior to the inspection § 1005.8. Provisional [ licenses ] license. date ], if applicable. (a) [ The ] If an ambulance service or an appli- (3) Call volume records from the previous year’s opera- tions, if applicable. These records shall include a cant for an ambulance service license fails to meet licensure requirements, the Department may issue it record of each call received requesting the ambu- a provisional license, valid for a specific time period of not lance service to respond to an emergency, as well as a notation of whether it responded to the call and more than 6 months, when the Department [ finds that the reason if it did not respond. an ambulance service: ] deems it is in the public interest to do so. (4) [ Copies of mutual-aid agreements with other ambulance services which service the applicant’s (b) The Department may renew a provisional li- community or applicant’s service area. ] A record of cense once, for a period not to exceed 6 months the time periods for which the ambulance service except when a longer period of renewal is permit- notified the PSAP that it would not be available to ted under subsection (c), if: respond to a call. (1) [ Has ] The ambulance service has substantially, (5) Copies of all written policies required by this but not completely, complied with applicable requirements section. for licensure. (b) [ Vehicle ] Ambulance standards. [ Ambulance ] (2) [ Is complying ] The ambulance service is For ambulance vehicles which transport patients [ and making a good faith effort to comply with a course of were purchased after June 1, 1985, shall at the time correction approved by the Department. of purchase or acquisition meet or exceed the Federal Specification KKK-A-1822, and amendments (3) [ Has existing deficiencies that will not ad- and revisions thereto, Section 1.2.1 Ambulance versely affect the health, welfare or safety of citi- Types, Classes and Floor Plans and Section 3.1 zens of this Commonwealth. ] The Department General Vehicular Design Types and Floor Plans or deems it is in the public interest to do so. other National standards as recognized and ap- proved by the Department. Ambulance vehicles pur- [ (b) A provisional license may be renewed for 6 chased before June 1, 1985 , the ambulance service months if the Department determines that the am- ] bulance service is making a good faith effort to will be required to show evidence that the vehicle has correct existing deficiencies and it is in the public met [ the requirements of the Federal Specification interest to do so. ] KKK-A-1822 ] 75 Pa.C.S. §§ 4571 and 4572 (relating to visual and audible signals on emergency ve- (c) The Department may renew a provisional BLS hicles; and visual signals on authorized vehicles) ambulance service license for [ a period of ] 12 and 67 Pa. Code Chapter 173 (relating to flashing or months for a volunteer [ fire department or a volun- revolving lights on emergency and authorized ve- teer ] ambulance service, or a volunteer fire depart- hicles) and the Federal KKK standards which were ment or rescue service that operates an ambulance in effect at the time of [ vehicle ] vehicle’s manufacture service, which does not meet the minimum standards for [ or that the vehicle met the requirements of the staffing at the [ basic life support ] BLS level of care, Department’s Voluntary Ambulance Certification but meets the other requirements of this chapter. Program VASC) at the time of VASC Certification ] and which are not inconsistent with the standards § 1005.9. Temporary [ licensure ] license. in 75 Pa.C.S. §§ 4571 and 4572. These specifications will be for ambulance design types, floor plans and When [ a new or existing ALS service ] an ALS general configuration. An ALS squad unit vehicle is ambulance service or an applicant for an ALS not subject to the Federal KKK standards; however, ambulance service license cannot provide service 24 it is required to meet the standards in 75 Pa.C.S. [ hours a day ] hours-a-day,7[ days a week ] days- §§ 4571 and 4572. a-week, the Department may issue a temporary license for operation of the ALS ambulance service when the (c) Equipment and supplies. [ Approved ] Required Department deems it is in the public interest to do so. equipment and supplies shall be carried and readily The temporary license is valid for 1 year and may be available in working order for use on BLS and ALS renewed once. vehicles. § 1005.10. Licensure and general operating standards. (1) BLS and ALS vehicles shall carry [ BLS ] medical equipment and supplies as [ specified by the Depart- (a) Documentation requirements. An applicant for an ment. ambulance service license shall have the following docu- ments available for the inspection by the Department: (2) The minimum list of equipment and supplies for BLS and ALS vehicles will be ] published by the (1) [ Roster ] A roster of active personnel, including Department in the Pennsylvania Bulletin on an an- certification and recognition documentation with dates nual basis, or more frequently. of expiration and identification numbers, and its pro- cess for scheduling staff to ensure that the mini- [ (3) ] (2) An ALS squad unit vehicle is exempt from mum staffing requirements in subsection (d) are the requirement of carrying patient litters and equipment met. which is permanently installed.
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[ (4) ALS vehicles and ALS squad units shall of the assistance requested is unknown, the mobile carry ALS medical equipment, supplies and drugs intensive care unit shall respond as if the patient as prescribed by the Department. requires ALS care. (5) ] (3) A BLS [ services ] ambulance service may (iii) All units. Minimum staffing standards are satisfied when an ambulance service has a duty carry ALS equipment and drugs [ for use by the ],in roster that identifies staff who meet minimum staff addition to those generally prescribed for use by a criteria and who have committed themselves to be BLS ambulance service, only if it has a physician available at the specified times, and when mini- [ affiliated with the service as long as the physi- mum required staff are present during the emer- cian ] medical director who has education and gency medical treatment and transport of a patient. continuing education in ALS and prehospital care, (2) ALS service medical director. A [ licensed ] An and who is directly responsible for security, accountabil- ALS ambulance service shall have an ALS medical direc- ity, administration and maintenance of the equipment tor whose duties include the following: and drugs, [ and when the service is approved to operate in this manner by the regional EMS council ***** and the Department ] if the arrangement is autho- (ii) Making medical command authorization determina- rized by the Department upon its determination tions for EMT-paramedics and prehospital registered that the arrangement is in the public interest. nurses as set forth in § 1003.28 (relating to medical command authorization). (d) Personnel requirements. (iii) Reviewing the medical command authorization sta- (1) Minimum staffing requirements. tus of EMT-paramedics and prehospital registered nurses (i) BLS unit. [ Minimum staffing standards for utilized by the ALS ambulance service as set forth in § 1003.28 at least once annually. ambulance services that operate at the BLS level of care shall be as follows: ***** (A) Ambulances, ] A BLS ambulance, when trans- (3) Ambulance drivers. [ A ] An ambulance service porting a patient, except for when engaging in the shall ensure that a person who drives an ambu- routine transfer of convalescent or other nonemergency lance for that service is a responsible person. Not- cases, shall be staffed by at least two persons, [ who ] withstanding other considerations that may bear upon whether a driver of an ambulance is a respon- one of whom shall be an EMT, EMT-paramedic or health professional, and one of whom shall, at least, sible person, a person who drives an ambulance [ ve- qualify as an ambulance [ attendants ] attendant. [ At hicle ] for [ a licensed ] an ambulance service [ shall ] least one attendant ] An EMT, EMT-paramedic or a will not be considered to be a responsible person unless that individual: health professional shall accompany the patient in the patient compartment of the ambulance during transport. (i) [ Be ] Is at least 18 years of age. [ Ambulance personnel between 16—18 years of age (ii) [ Hold ] Has a valid driver’s license. shall be directly supervised by an adult crew mem- ber with equal or greater training during patient (iii) [ Observe relevant ] Observes all traffic laws. treatment and transport. (iv) [ Not be ] Is not addicted to, or under the influ- (B) Effective July 1, 1990, ambulances, when ence of, alcohol or drugs. transporting patients, except for routine transfer of convalescent or other nonemergency cases, shall be (v) [ Be ] Is free from physical or mental defect or staffed by at least two persons, one of whom shall disease that may impair the person’s ability to drive an be an EMT, EMT-paramedic or health professional, ambulance. and one of who shall, at least, qualify as an ambu- [ (vi) Not have been convicted within the last 4 lance attendant. The patient shall be accompanied years of driving under the influence of alcohol or in the patient compartment by the crew member drugs, and, within the last 2 years, not have been with the highest level of certification. ] convicted of reckless driving or have had a driver’s license suspended under the point system. Persons (ii) ALS units. Minimum staffing standards for an who have been convicted of one or more of these ambulance [ services ] that [ operate ] is operating at violations shall repeat an emergency vehicle opera- the ALS level of care shall be as follows: tor’s course of instruction approved by the Depart- ***** ment. (C) An ALS squad unit meets minimum staffing (vii) Take and ] (vi) Has successfully [ complete ] requirements by transporting an EMT-paramedic or completed an emergency vehicle operator’s course of health professional to rendezvous with a BLS am- instruction[ , ] approved by the Department[ , within 3 bulance, and having the EMT-paramedic or health years of course approval. Personnel who have com- professional provide emergency medical treatment pleted an emergency vehicle operator’s course of to, and accompany on the BLS ambulance during instruction acceptable to the Department by July 1, transport, a patient requiring ALS care. 1992, shall be deemed to be in compliance with this (D) Minimum ALS staffing standards apply to the requirement. ] ALS ambulance service 24 hours-a-day, 7 days-a- (vii) Has not been convicted within the last 4 week. An ALS mobile intensive care unit, itself, years of driving under the influence of alcohol or need only satisfy BLS ambulance staffing require- drugs, or, within the last 2 years, has not been ments under subparagraph (i) when responding to convicted of reckless driving or had a driver’s a call for BLS assistance exclusively. If the nature license suspended. The person will not be consid-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 950 PROPOSED RULEMAKING ered to be a responsible person until the designated lance trip report on forms provided by the Depart- time has elapsed and the individual, after the ment for each ambulance call to which the service conviction or suspension of license, repeats an responds. emergency vehicle operator’s course of instruction (2) Scene control. An ambulance service shall es- approved by the Department. tablish a written policy on scene control directing (e) [ Coverage agreement. prehospital personnel as follows: (i) Control of all aspects of patient management (1) A licensed ambulance service shall have a at an emergency scene shall be the responsibility of written agreement with one or more neighboring the individual in attendance who has the highest ambulance services for coverage during times when level of EMS certification/recognition. For the pur- its own ambulance is not available for service in its poses of this section, level of certification/ primary response area. The agreement shall specify recognition, shall be as follows: the respective duties, responsibilities and coverage times of the parties involved and shall be filed with (A) 1—Health professional. the Department. (B) 2—EMT-paramedic. (2) An ambulance service which is unable to pro- (C) 3—EMT. vide 24-hours-a-day, 7-day-a-week services shall pro- (D) 4—First responder. vide for alternate ambulance service either through a mutual aid agreement or other type of contract as (E) 5—Ambulance attendant. approved by the regional EMS council. (ii) If a prehospital care provider is not available, (3) When a licensed ambulance service does not the authority is vested in the most appropriately have an ambulance enroute to a reported emer- trained representative of a public safety agency at gency call within 10 minutes of the time of dis- the scene of the emergency. ] patch, the call shall be referred to the closest (f) Patient management. All aspects of patient available ambulance service. Once a request for management are to be handled by a prehospital service has been referred to another service, if the practitioner with the level of EMS certification or referring service is subsequently able to initiate a recognition necessary to care for the patient based response which will access the patient more upon the condition of the patient. quickly than the service to which the request was referred, the service which can access the patient [ (3) ] (g) Use of lights and other warning devices. most quickly shall respond. ] [ Ambulance services shall establish a policy cover- ing the use of warning devices which includes the Communicating with PSAPs. following requirements: (1) Responsibility to communicate unavailability. (i) ] Ambulances [ responding to an incident scene An ambulance service shall apprise the PSAP in its or to an emergency care facility may use emergency area as to when it will not be in operation and ] when its resources are committed so that it will not lights or audible warning devices, or both, [ for cases ] be able to have an ambulance and required staff only when transporting or responding to a call respond to a call requesting it to provide emer- involving [ patients with life-threatening or poten- gency assistance. tially life-threatening illnesses or injuries ] a pa- (2) Responsibility to communicate delayed re- tient who presents or is in good faith perceived to sponse. An ambulance service shall apprise the present a combination of circumstances resulting PSAP, as soon as practical after receiving a dis- in a need for immediate medical intervention. patch call, if it is not able to have an ambulance When transporting the patient, the need for imme- and required staff immediately en route to an diate medical intervention must be beyond the emergency. capabilities of the ambulance crew using available supplies and equipment. (3) Responsibility to communicate with PSAP gen- (ii) Ambulances responding to the incident erally. In addition to the communications required [ by paragraphs (1) and (2), an ambulance service scene or to an emergency care facility may not use shall provide a PSAP with information, and other- emergency lights and audible warning devices for wise communicate with a PSAP, as the PSAP re- cases involving patients that do not have life- quests to enhance the ability of the PSAP to make threatening or potentially life-threatening illnesses dispatch decisions. or injuries. (4) (h) Weapons and explosives. Ambulance ser- (4) Response to dispatch by PSAP. An ambulance ] [ service shall respond to a call for emergency assist- vices shall establish a written policy directing that ance as communicated by the PSAP. weapons ] Weapons and explosives may not be worn by ambulance personnel or carried aboard an ambulance. (f) [ Policy and procedures. An ambulance service This [ section ] subsection does not apply to law en- shall establish written policies and procedures gov- forcement officers who are serving in an authorized law erning the function of personnel, the operation of enforcement capacity. ambulances and the provision of EMS. The policies shall be available for inspection by the Department (i) Accident, injury and fatality reporting. An am- and shall address the following topics: bulance service shall report to the appropriate regional EMS council, in a form or manner pre- (1) Recordkeeping. An ambulance service shall scribed by the Department, an ambulance vehicle have a written policy requiring responding ambu- accident that is reportable under 75 Pa.C.S. (relat- lance personnel to complete a prehospital ambu- ing to Vehicle Code), and an accident or injury to
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 951 an individual that occurs in the line of duty of the (ii) The physician, registered nurse or physician ambulance service that results in a fatality, or assistant has special training required for the con- medical treatment at a facility. The report shall be tinuation of treatment provided to the patient at made within 24 hours after the accident or injury. the facility, and the use of drugs not maintained on The report of a fatality shall be made within 8 the ambulance is or may be required to continue hours after the fatality. that treatment. (j) Medical command notification. An ALS ambu- (iii) The physician, registered nurse or physician lance service shall identify, to the regional EMS assistant does not substitute for required staff. council having responsibility in the region out of (4) A BLS services ambulance service, if not which it operates, the prehospital personnel used [ ] by it that have medical command authorization in also licensed as both an ALS and BLS ambulance the region for that ALS ambulance service. It shall service, may not [ possess ] stock drugs [ or medica- also notify the regional EMS council when a pre- tions ] which are not prescribed by the Department hospital practitioner loses medical command autho- for use by a BLS ambulance, and a BLS ambulance rization for that ALS ambulance service. service may not carry the drugs, except as autho- (k) Monitoring compliance. An ambulance service rized under this section and § 1005.10(c)[ (5) ](3) (re- shall monitor compliance with the requirements lating to licensure and general operating standards). that the act and this part impose upon the ambu- (b) The Department will publish at least annually by lance service and its staff. notice in the Pennsylvania Bulletin a list of drugs [ and (l) Policies and procedures. An ambulance service medications ] approved for use by [ licensed ALS ] shall maintain written policies and procedures ad- ambulance services when also permitted by the dressing each of the requirements imposed by this applicable regional transfer and medical treatment section, as well as the requirements imposed by protocols. §§ 1001.41, 1001.42, 1001.65 and 1005.11 and shall also maintain written policies and procedures ad- (c) [ For purposes of emergency administration, a dressing infection control, management of person- licensed ALS unit ] An ambulance service may nel safety, and the placement and operation of its [ have possession of certain designated controlled ambulances. substances and other ] procure and replace drugs, § 1005.11. [ Medication ] Drug use, control and secu- [ as approved and published by the Department on rity. an annual basis through an appropriate service contract or written affiliation with ] from a hospital, (a) A licensed ALS An ambulance service may [ ] pharmacy or from a participating and supervising physi- stock [ certain approved ] drugs [ and medications cian, if not otherwise prohibited by law. [ Responsi- for emergency medical purposes, under written bility for drugs and controlled substances remains authorization by the medical director of a regional with the original dispensing physician, hospital or EMS council, ] as approved by the Department, and pharmacy of record. Replacement of designated shall carry drugs in an ambulance in conformance controlled substances and other drugs may be ob- with the [ ALS plan for the service’s area ] transfer tained from a dispensing physician, hospital, or and medical treatment protocols applicable in the pharmacy of record if subsections (j) and (k) are region in which its ambulance is stationed. Addi- followed. ] tional drugs may be stocked by an ALS ambulance service as authorized by the ALS service medical (d) Administration of drugs [ and medications ] by director if the ALS ambulance service uses health prehospital personnel, other than those approved professionals, and additional drugs may be carried for use by a BLS ambulance service, shall be re- or brought on an ambulance as follows: stricted to [ ALS personnel ] EMT-paramedics and (1) Drugs which the applicable regional transfer health professionals who have been authorized to and medical treatment protocols prescribe for the administer [ medication ] the drugs by the [ re- treatment of an ALS patient may be brought on a gional ] ALS service medical director, when under BLS ambulance by an EMT-paramedic or health orders of a medical command physician[ , regional ] or professional when rendezvousing with a BLS ambu- pursuant to standing orders in the EMS region’s lance to treat an ALS patient on behalf of an ALS transfer and medical treatment [ protocol or stand- ambulance service. ing orders protocols ]; except all prehospital per- (2) Drugs other than those authorized by the sonnel other than a first responder and an ambu- applicable regional transfer and medical treatment lance attendant may administer to a patient, or protocols may also be carried on an ALS ambu- assist the patient to administer, drugs previously lance, or brought on board a BLS ambulance by a prescribed for that patient, as specified in the health professional, when the requirements of sub- Statewide BLS medical treatment protocols. section (d)(2) are satisfied. (1) An EMT-paramedic is restricted to administer- (3) Drugs other than those authorized by the ing drugs permitted by the applicable regional applicable regional transfer and medical treatment transfer and medical treatment protocols and the protocols may also be carried on an ALS ambu- Statewide BLS medical treatment protocols. lance, or brought on board a BLS ambulance by a (2) A health professional may administer drugs in registered nurse, physician assistant or physician addition to those permitted by the applicable re- when the following standards are met: gional transfer and medical treatment protocols (i) The ambulance is engaged in an interfacility and the Statewide BLS medical treatment proto- transport. cols, provided the health professional has received
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 952 PROPOSED RULEMAKING approval to do so by the ALS service medical shall be in effect which provides for the written director of the ambulance service, and has been verification of medication orders. Records shall be ordered to administer the drug by the medical kept by each licensed service of drugs distributed, command physician. supplied and resupplied to them, and be made available to the Department for inspection upon (e) [ Areas of control including labeling, adultera- demand. tion, misbranding, checking expiration dates and storage shall be adhered to by the practitioner who (h) Drugs and medications administered by a has responsibility for the drugs as is required licensed or certified EMT-paramedic or health pro- under The Controlled Substance, Drug, Device and fessional shall be maintained and controlled in Cosmetic Act (35 P. S. §§ 780-101—780-144). The conformity with The Controlled Substance, Drug, original dispensing practitioner to ALS units as Device and Cosmetic Act (35 P. S. §§ 780-101—780- identified on the ambulance service license applica- 144) and the Pharmacy Act (63 P. S. §§ 390-1—390- tion will examine drug stock to insure product 13). quality and will reconcile the inventory of drugs a (i) A physician giving a medical command to an minimum of once a month for supply and adminis- EMT-paramedic or health professional to adminis- tration records. ] The ambulance service shall ad- ter a drug shall first identify the drug and then equately monitor and direct the use, control and specify the dosage and the manner of administra- security of drugs provided to the ambulance ser- tion. vice. This includes: (j) When a Schedule II controlled substance has (1) Ensuring proper labeling and preventing been ordered and administered, the prescribing adulteration or misbranding of drugs, and ensuring physician shall, within 72 hours, forward a signed drugs are not used beyond their expiration dates. prescription to the dispensing/replacing pharmacy, hospital or physician. The prescription for the con- (2) Storing drugs as required by The Controlled trolled substance shall include the information re- Substance, Drug, Device and Cosmetic Act (35 P. S. quired by law and the physician’s DEA number. §§ 780-101—780-144), and as otherwise required to maintain the efficacy of drugs and prevent their (k) A hospital, physician or pharmacy may re- misappropriation. place a drug, controlled substance or legend device to a licensed ambulance service upon presentation (3) Including in the ambulance call report infor- of a written record of use and administration. This mation as to the administration of drugs by patient written record shall include information required name, drug identification, the date and time of by law and patient identification. administration, the manner of administration, dos- age, the name of the medical command physician (l) No licensed ambulance service may purchase who gave the order to administer the drug and the or acquire legend drugs and controlled substances name of person administering the drug. except as provided for in subsection (c). (4) Maintaining records of drugs administered, (m) In the event of an unexplained loss or theft of lost or otherwise disposed of, and records of drugs controlled drugs, a dispensing hospital/pharmacy received and replaced. or physician shall contact local or State police or the State Bureau of Drug Control. In addition, a (5) Providing the pharmacy, physician or hospital DEA Form 106 shall be filed with the Federal Drug that Is requested to replace a drug, with a written Enforcement Administration. record of the use and administration, or loss or ] other disposition of the drug, which identifies the § 1005.12. [ Grounds for suspension, revocation or patient and includes any other information re- refusal of an ambulance service license ] Disci- quired by law. plinary and corrective actions. (6) Ensuring, in the event of an unexplained loss (a) The Department may, in compliance with proper or theft of a controlled substance, that the dispens- administrative procedure, reprimand, or suspend, re- ing pharmacy, physician or hospital has contacted voke or refuse to issue a license, or issue a provisional local or State police and the Department’s Drugs, or temporary license as permitted by §§ 1005.8 and Devices and Cosmetics Office, and has filed a DEA 1005.9 (relating to provisional license; and tempo- Form 106 with the Federal drug enforcement ad- rary license) for the following reasons: ministration. (1) A serious violation of the act or this part. A serious (7) Arranging for the original dispensing phar- violation is one which poses a continued significant macy, physician or hospital, or its ALS service threat to the health and safety of the public. medical director, to provide it consultation and other assistance necessary to ensure that it meets ***** the requirements of this section. (4) Fraud or deceit in obtaining or attempting to obtain [ (f) When drugs are administered, records shall a license [ or permit ]. verify the administration of the drug by patient ***** name, drug identification, date and time of admin- istration; dosage, name of physician who provided (8) Failure to have appropriate medical equipment and medical command and name of person administer- supplies required for licensure as identified in ing the drug. § 1005.10(c) (relating to licensure and general operat- ing standards). (g) When drugs are administered, an adequate record of use shall be maintained for a minimum of (9) Failure [ to staff a sufficient number of certi- 2 years by the involved parties. Variations in main- fied or licensed personnel to provide service 24 taining records are acceptable; however, a process hours a day, 7 days a week, or failure to provide
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 953 agreements as per § 1005.10(e)(2) ] of an ALS ambu- (3) ] The Department will provide public notification of lance service to staff a sufficient number of quali- [ suspension or revocation of ] the sanction it im- fied EMS personnel to provide service 24 hours-a- poses upon an ambulance service license. day, 7 days-a-week in accordance with required staffing standards. § 1005.13. Removal of ambulances from operation. ***** (a) When a vehicle manifests evidence of a mechanical or equipment deficiency which poses a significant threat (15) Refusal to render EMS because of a patient’s race, to the health or safety of patients or crew, [ it ] the sex, creed, [ National ] national origin, sexual prefer- ambulance service shall [ be ] immediately [ sus- ence, age, handicap, medical problem or financial inability to pay. pended ] suspend the vehicle from operation. No vehicle, which has been suspended from operation, may (16) Failure to comply with the regional EMS council be operated as an ambulance until the deficiency has transfer and medical treatment protocols[ , plans, been corrected. policies and procedures ] which have been approved (b) When a vehicle, upon examination by the Depart- by the Department. ment, manifests evidence of a mechanical or equipment ***** deficiency which poses a significant threat to the health or safety of patients or crew, it shall be immediately (18) [ A consistent pattern of a failure to respond suspended from operation as directed by the Depart- to emergency calls within a 10 minute time pe- ment. No vehicle, which has been suspended from opera- riod. ] Repeated failure by an ambulance service to tion by the Department, may be operated as an ambu- communicate with the PSAP or comply with the lance until the Department has certified that the dispatch communication as required by deficiency has been corrected. § 1005.10(e). § 1005.14. Invalid coaches. (19) Other reasons as determined by the Depart- [ ***** ment to pose a significant threat to the health and safety of the public. ] (b) The terms ‘‘ambulance,’’ ‘‘emergency[ , ]’’ or other similar designations may not be used by invalid coaches. (b) Upon receipt of a written complaint describing Invalid coaches may not be equipped with emergency [ specific violations of the ambulance regulations ] warning devices, audible or visible, such as flashing conduct for which the Department may take disci- lights, sirens, air horns or other devices except those plinary action against an ambulance service, the which are required by 75 Pa.C.S. [ §§ 101—9910 ] (relat- Department will: ing to [ the ] Vehicle Code). ***** § 1005.15. Discontinuation of service. (2) Notify Provide the ambulance service with a [ ] An ambulance service may not discontinue ser- copy of the [ charges ] complaint and [ investigation vice, except upon order of the Department, without procedures ] request a response unless the Depart- providing each regional EMS council, PSAP and the ment determines that disclosure to the ambulance chief executive officer of each political subdivision service of the complaint will compromise the inves- within its service area 90 days advance notice. The tigation or would be inappropriate for some other ambulance service shall also advertise notice of its reason. intent to discontinue service in a newspaper of general circulation in its service area at least 90 (3) [ Conduct and develop ] Develop a written re- days in advance of discontinuing service, and shall port of the investigation. provide the Department with written notice that it (4) Notify the [ ambulance service ] complainant of has met these responsibilities at least 90 days in the results of the investigation of the complaint, as advance of discontinuing service. well as the ambulance service if the ambulance CHAPTER 1007. LICENSING OF AIR AMBULANCE service has been officially apprised of the com- SERVICES—ROTORCRAFT plaint or investigation. This notification does not include providing a copy of the written report § 1007.1. General provisions. developed under paragraph (3). (a) [ Except as provided in subsection (c), no (c) [ The Department will immediately suspend, agency or ] This chapter applies to air ambulance after a hearing has been held, the license for the services. No person [ either ], or other entity, as violations specified in subsection (a)(1), (6), (11), owner, agent or otherwise, may furnish, operate, conduct, (15) and (17). This suspension shall be for a period maintain, advertise, engage in or profess to engage in of up to 90 days. A second offense of these enumer- providing an air ambulance service in this Common- ated violations during the same license period shall wealth, unless the agency or person holds a [ current result in the automatic revocation of the license. valid ] license as an air ambulance service issued by (1) The Department will suspend the license for the Department or is exempted from these prohibi- other violations for a period to be determined by tions under the act. the Department. The Department may revoke a (b) The Department will license an applicant as an license for repeated violations. air ambulance service when it meets the requirements of (2) Upon suspension or revocation of an ambu- the act and this part. lance license, the service shall cease operations and no person may permit or cause the service to (c) [ Air ambulance services operated by hospi- continue. tals ] A hospital licensed under Chapter 8 of the Health
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 954 PROPOSED RULEMAKING
Care Facilities Act (35 P. S. §§ 448.801—448.820) [ are ] Department, to the Department ] The communica- is not required to obtain a separate air ambulance service tions access and capabilities of the applicant. license to own and operate an air ambulance ser- (10) [ Other information the Department deems vice. The An air ambulance service owned and [ ] necessary and prescribes as part of the applica- operated by a hospital is subject to the act and this part, and shall be inspected under this part, regardless tion ] A statement attesting to the veracity of the of whether the hospital applies for or secures application, which shall be signed by the chief licensure as an air ambulance service. executive officer. (b) The applicant shall submit the application to (d) The Department will issue a [ permit ] certificate the regional EMS council exercising responsibility acknowledging a hospital’s authority to own and for the EMS region in which the applicant will operate an air ambulance [ services operated by station its air ambulances if licensed. hospitals ] service if the hospital chooses to operate (1) The regional EMS council shall review the an air ambulance service without securing a sepa- application for completeness and accuracy. rate license to do so. (2) Incomplete applications shall be returned by (e) Sections 1005.3—1005.5, 1005.7a, 1005.8, 1005.9, the regional EMS council to the applicant within 14 1005.11, 1005.13 and 1005.15, which apply to ground days of receipt. ALS ambulance services, also apply to air ambu- lance services. (c) Upon receipt of a complete application, the regional EMS council will schedule and conduct an § 1007.2. Applications. onsite inspection of the applicant’s air ambulances, equipment and personnel qualifications, as well as (a) [ An application for a license to operate an air other matters that bear upon whether the applicant ambulance service may be obtained from the Penn- satisfies the statutory and regulatory criteria for sylvania Department of Health, Division of Emer- licensure. The inspection shall be performed within gency Medical Services, Post Office Box 90, Harris- 45 days after receipt by the regional EMS council of burg, Pennsylvania 17108. the completed application. (b) ] An application for an original or renewal license (d) An air ambulance service shall apply for an to operate as an air ambulance service shall [ be amendment of its license and secure Department submitted to the Department and shall ] contain the approval of the amendment prior to commencing following information, as well as any additional the operation of an air ambulance not previously information that may be solicited by the applica- inspected and approved by the Department or sub- tion form: stantively altering its plan for locating and operat- ing air ambulances, except that if the air ambu- (1) The name and address of the [ vendor of the air lance service is replacing an air ambulance, at the ambulance service or proposed ambulance service ] same location, it may operate the air ambulance applicant and the name [ and address ], if different, immediately, apply for an amendment within 10 days, and continue to operate the air ambulance under which the [ service will be operating ] appli- unless its authority to do so is disapproved by the cant intends to operate. Department following inspection. (2) The [ name, address and ] FAA certification num- § 1007.3. [ Licenses ] ( Reserved). ber of the aircraft operator. [ (a) Within 30 days of receipt of an appropriately (3) [ The experience and qualifications of the ap- completed application from the air ambulance ser- plicant to operate an air ambulance service ] The vice applicant, the Department will initiate the type of organization—profit or nonprofit. licensure process. (4) A description of each aircraft to be used as an air (b) The Department will issue a regular license to ambulance, including the make, model, year of manufac- operate an air ambulance service after an onsite ture, FAA registration number, name, monogram or other inspection and review conducted by the Depart- distinguishing designation and FAA air worthiness certifi- ment indicates that the applicant’s service is in cation. compliance with the act, this part, other applicable laws and the regional EMS plan for the areas to be (5) The [ geographical ] intended emergency med- served. ical service area and the location and description of the (c) An air ambulance license will be issued for 3 places from which the air ambulance service is to operate. years from the date of issue and will remain valid (6) The name, training and qualifications of the air for that period of time unless revoked or suspended ambulance medical director[ , who has responsibility by the Department. Annual inspections shall be for auditing the medical care provided by the air conducted to assure compliance. ambulance service ]. (d) Change of ownership requires reapplication for a license. An air ambulance service licensee (7) A personnel roster [ of medical personnel ] shall file with the Department an application for which includes level of certification [ or ], licensure and renewal of the ambulance service license within 10 recognition, and a staffing plan. business days of acquisition of the service by the new owner. ***** (e) Change of aircraft operator requires submis- (9) [ A statement in which the applicant agrees to sion of supplemental information to the Depart- provide patient specific data, as identified by the ment within 10 business days of the effective date
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 955 of the operator change. The licensee shall provide (b) The ambulance service has 30 days in which the Department with new information required to respond to the Department with a plan to cor- under § 1007.2(b)(2), (4) and (7) (relating to applica- rect deficiencies and schedule a reinspection. The tions). The Department may inspect the aircraft plan of correction shall be approved by the Depart- operator and each aircraft to assure compliance ment. If the plan is approved, the Department will with appropriate provisions of this part before the schedule a reinspection. license is renewed. (c) Within 30 days of the reinspection, the Depart- (f) Upon change of aircraft during the licensing ment will give written notice to the service of the period, another application for an air ambulance findings regarding the deficiencies and the results license shall be submitted to the Department on the of the reinspection. ] form prescribed. If the change of aircraft is for a temporary period, not to exceed 30 days, the air § 1007.7. Licensure and general operating require- ambulance service shall only notify the Department ments. of the change and the reasons. (a) Documentation requirements. An applicant for (g) The current license shall be posted in a con- an air ambulance service license shall have the spicuous place in the air ambulance service’s op- following documents available for the inspection by erations center and on or in the aircraft where it is the Department: clearly visible. ] (1) A roster of active personnel, including certifi- cation and recognition documentation with dates of § 1007.4. [ Renewal of air ambulance license ] (Re- expiration and identification numbers, and the plan served). for staffing the air ambulance service. [ (a) The Department will notify the applicant (2) Copies of prehospital ambulance call reports, service at least 90 days prior to the expiration date or other formats on which those records are kept of the license. The notification will include a re- on patients treated or transported, if applicable. newal application. (3) Call volume records from the previous year’s (b) The applicant shall submit to the Department operations, if applicable. These records shall in- the renewal application postmarked at least 60 clude a record of each call received requesting the days prior to the expiration of the license. air ambulance service to respond to an emergency, as well as a notation of whether it responded to the (c) The criteria for license renewal are the same call and the reason if it did not respond. as the current requirements for original licensure. ] (4) Copies of the written policies required by this § 1007.5. [ Inspections ] (Reserved). section. [ (a) Upon the request of an agent of the Depart- (b) [ Aircraft ] Air ambulance requirements. [ Air- ment during regular and usual business hours, or craft operated by a licensed ] An air ambulance at other times when a reasonable belief that viola- [ service ] shall meet the following minimum require- tions of this part may exist, a licensee shall: ments: (1) Produce for inspection records maintained (1) The [ aircraft ] air ambulance shall be config- under § 1001.41(c) (relating to data and information ured to carry at least one supine patient with sufficient requirements for ambulance services). access to the patient in order to begin and maintain ALS (2) Produce for inspection personnel and other and other treatment modalities. employment records that pertain to certification of (2) The aircraft air ambulance design may not personnel, staffing, equipment and mutual aid [ ] agreements. compromise patient safety in loading, unloading or during flight, and shall be equipped with either a cargo door or (3) Permit the agent to examine required equip- an entry that will allow loading and unloading the ment and recordkeeping facilities for information patient without excessive maneuvering. collected under § 1001.41(c). (3) The [ aircraft ] air ambulance shall be climate (b) The Department’s agent shall advise the licen- controlled for the comfort of the patient. see that the inspection is being conducted under section 12(k) of the act (35 P. S. § 6932(k)) and this (4) The [ aircraft ] air ambulance shall have ad- chapter. equate interior lighting so that medical care can be provided and patient status monitored without interfering (c) The Department reserves the right to enter with the pilot’s vision. and make the inspections at least quarterly, and at other times upon complaint or a reasonable belief (5) The [ aircraft ] air ambulance shall be config- that violations of this part may exist. ured so that the patient is isolated from the cockpit to (d) Failure of a licensee to produce records for minimize in-flight distractions to the pilot and to prevent inspection or to permit examination of equipment interference with the pilot’s manipulation of the flight and facilities is grounds for suspension, revocation controls. or denial of license. ] ***** § 1007.6. [ Notification of deficiencies ] (Reserved). (7) [ Survival ] The air ambulance shall carry survival gear appropriate to the terrain and environ- [ (a) Within 30 days of an inspection, the air ment [ shall be carried on flights ]. ambulance service and the regional EMS council shall be notified as to deficiencies found and the (8) The [ aircraft ] air ambulance shall be equipped results of the inspection. with appropriate patient restraints.
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(9) The [ aircraft ] air ambulance shall be equipped tal personnel as set forth in § 1005.10(d)(1)(ii) (re- with 110 [ A ] V electrical output with appropriate cabin lating to licensure and general operating stan- outlets for medical equipment use. dards). At least one of the [ medical crew members ] responding prehospital personnel shall be [ either a (10) The [ aircraft ] air ambulance shall be equipped physician or nurse ] specially trained in [ aeromedi- with two-way radios capable of communicating with cal air-medical transport. hospital [ communication ] communications centers, ] [ public safety communication centers ] PSAPs and (3) Other personnel requirements. ambulances. (i) [ The service ] It shall keep a pilot and two [ (b) ] (c) Equipment and supply requirements. [ Ap- [ medical crew members ] prehospital personnel proved ] Required equipment and supplies shall be staff as set forth in § 1005.10(d)(ii) available for the carried and readily available in working order for use on [ aircraft ] air ambulance at all times to assure imme- [ aircraft operated by a licensed ] an air ambulance diate response to emergency calls. [ service ]. The [ minimum ] list of required equip- [ (4) The service shall have a communications ment and supplies for [ aircraft ] an air ambulance center, operational 24 hours per day, 7 days per will be published by the Department [ as a notice ] in week and staffed with a communications specialist the Pennsylvania Bulletin on an annual basis. who has the minimum qualifications in § 1003.44(b) (relating to air ambulance communications special- [ (c) Medications. Approved medications and ist). ] drugs shall be carried and available for administra- tion to patients on aircraft operated by a licensed [ (5) The service ] (ii) It shall require [ that flight air ambulance service. The minimum list of medica- crew members ] prehospital personnel who staff an tions and drugs for aircraft will be published by the air ambulance to undergo annual physical examinations Department as a notice in the Pennsylvania Bulle- to assure that they are physically able to perform their tin on an annual basis. jobs. (d) Patient data. Air ambulance services licensed (iii) Minimum staffing standards are satisfied to operate in this Commonwealth shall collect, when an air ambulance service has a duty roster maintain and report accurate and reliable patient that identifies staff who meet minimum staff crite- data and information for calls for assistance in the ria 24 hours-a-day, 7 days-a-week and who have format prescribed or on forms provided by the committed themselves to be available at the speci- Department within the specified time period. fied times, and when minimum required staff are (1) The information collected shall include infor- present during the emergency medical treatment mation identified in § 1001.41 (relating to data and and transport of a patient. information requirements for ambulance services). (e) Communicating with ground PSAPs. (2) Air ambulance services licensed to operate in this Commonwealth shall meet the requirements of (1) If requested by a ground PSAP, an air ambu- § 1001.41 and § 1001.42 (relating to dissemination of lance service shall apprise the PSAP as to when it will not be in operation, when weather conditions information). ] prevent or impede flight, and when its resources [ (e) ] (d) Personnel requirements. [ Air ] An air am- are already committed. bulance [ services ] service shall meet the following (2) An air ambulance service shall apprise the requirements related to personnel and staffing: dispatching ground PSAP as soon as practical after receiving a dispatch call, its estimated time of (1) Air ambulance medical director. [ The ser- arrival at the scene of the emergency. While its air vice ] It shall [ employ ] have an air ambulance med- ambulance is enroute to the scene of an emergency, ical director who possesses the qualifications specified in if an air ambulance service believes that it will not § [ 1003.41(b) (relating to air ambulance medical be able to have an air ambulance and required staff director) to serve as the medical director respon- arrive at the emergency scene within the estimated sible for ] 1003.5(b) (relating to ALS service medical time of arrival previously given, the air ambulance director) and performs the duties specified in service shall contact the ground PSAP and provide § [ 1003.41 ] 1003.5(a). [ If the air ambulance med- its new estimated time of arrival. ical director leaves or is removed from service, a (f) [ Policy requirements. The air ambulance ser- qualified replacement shall be hired within 30 days vice shall have in place written policies as follows: of the previous medical director’s departure. The air ambulance service shall inform the Department (1) ] Access to air ambulance service. of a change in air ambulance service medical direc- tors within 30 days of a medical director’s depar- [ (i) ] (1) The air ambulance service shall have [ in ture ]. place a written policy which describes its policy regarding access to its service. This policy shall (2) Pilot and prehospital personnel. [ The ser- include the following information ] a policy which vice ] It shall assure that each air ambulance responding addresses the following: to a call for EMS services is staffed with at least one pilot [ (A) ] (i) Who, in addition to a PSAP, may request and [ two medical crew members who possess the air ambulance service. minimum qualifications defined in §§ 1003.42(b) and 1003.43(b) (relating to air ambulance medical [ (B) ] (ii) How its air ambulance services should be crew members; and air ambulance pilot) ] prehospi- accessed.
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[ (C) ] (iii) General and medical guidelines for person- [ (v) Medical crew members shall assure that the ] nel to consider prior to requesting its air ambulance (5) The patient and equipment are secured during flight. services. [ (4) ] (i) Air ambulance medical director’s opera- [ (D) ] (iv) *** tional requirements. The air ambulance service shall [ (E) ] (v) What level of EMS [ are ] is provided by have [ in place ] a [ written ] policy setting forth the the air ambulance service. air ambulance medical director’s operational procedures which shall include procedures for at least the following: [ (F) ] (vi) *** [ (i) ] (1) [ To assure that the medical condition or [ (G) ] (vii) *** history of the patient is made known only to med- [ (ii) This ] (2) The air ambulance service shall ical crew members, and other EMS providers who disseminate this policy [ shall be disseminated ] to have participated in the delivery of patient care ] The performance of responsibilities set forth in relevant health care providers in the air ambu- [ § 1003.5(a) (relating to ALS service medical direc- lances’s ] ambulance service area. tor). [ (2) Air ambulance pilot operational ] (g) Flight [ (ii) To assure adequate training and experience requirements. [ This ] The air ambulance service shall of medical flight crew members. [ have in place a written policy governing pilot operational procedures which includes the follow- (iii) For developing ] (2) The development of med- ing requirements ] ensure that: ical treatment protocols for [ use by medical crew members ] the air ambulance service, [ and ] sub- [ (i) The pilot shall make a ] (1) A determination to mitting them [ for approval ] to the regional EMS accept the flight is based solely on safety procedures and weather conditions. council medical [ direction ] advisory committee for its review and recommendations, and securing ap- [ (ii) ] (2) The [ pilot shall proceed ] air ambu- proval of the medical treatment protocols from the lance proceeds expeditiously and as directly as possible Department. to the flight destination, considering the weather, appro- priate safety rules, noise abatement procedures and flight [ (iv) For establishing and operating a quality path and altitude clearances. assurance program whereby the quality and appro- priateness of patient care provided by the air [ (iii) ] (3) The [ pilot shall ] air ambulance en- ambulance service can be continuously docu- gages in flight [ follow ] following with [ a ] an air mented, reviewed and evaluated. communications center at intervals not to exceed 15 minutes. If the [ aircraft ] air ambulance is outside of (5) ] (j) Communication center [ operational require- radio range of the base communications center, adequate ments ] arrangements. The air ambulance service flight following shall be planned and executed. shall [ have in place a written policy governing communication center operational procedures (iv) (4) The pilot is responsible for assuring [ ] [ which includes the requirements that the communi- that the aircraft air ] ambulance is ready for flight at cations center shall ] ensure that it has access to an all times when the air ambulance service has not air communications center that meets the following reported to ground PSAPs that the air ambulance standards: is unavailable to respond to emergencies. [ (3) ] (h) Medical [ crew members’ operational ] [ (i) Have ] (1) Has a designated person—communica- service requirements. The air ambulance service shall tions specialist—assigned to receive and dispatch re- quests for emergency air medical services and charged [ have in place a written policy governing medical with the relay of information between the flight crew, crew members operational procedures which in- requesting agency and receiving hospital. cludes the following requirements ] ensure that: [ (ii) Be ] (2) Is operational 24 hours [ per ]-a-day, 7 [ (i) ] (1) [ Medical crew members are responsible [ days a week ] days-a-week and [ have ] has radio for assuring that equipment/ ] Equipment and sup- capabilities to transmit to and receive from the air plies required for an air ambulance flight are on the ambulance [ aircraft ]. At a minimum, 123.05 MHz, [ aircraft ] air ambulance and in working order prior radio frequency shall be available. to takeoff for patient transport. [ (ii) ] (2) Medical [ crew members shall provide ] [ (iii) Have ] (3) Has at least one incoming telephone care and intervention is provided according to direct line that is dedicated to the air ambulance service. medical command or written protocols/standing orders. [ (iv) Have ] (4) Has a system for recording incoming [ (iii) Medical crew members shall maintain a ] (3) and outgoing telephone and radio transmissions. The A patient treatment record is maintained, documenting system shall have an inherent time recording capability medical care rendered by the medical flight crew and the and recordings shall be kept for a minimum of 30 days. disposition of the patient at the receiving medical facility. The patient treatment record shall be maintained at the [ (v) Have ] (5) Has the capability of communicating base hospital. with the flight crew so that the [ aircraft ] air ambu- lance may take off within the scheduled takeoff time. [ (iv) Medical crew members shall evaluate each ] (4) Each patient is evaluated for potential adverse [ (vi) Have ] (6) Has a backup emergency power effects from flight operations. source.
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[ (vii) Maintain ] (7) Maintains a status board list- data and information requirements for ambulance ing flight crew names and other pertinent operational services; dissemination of information; and coop- information. eration), and shall also maintain written policies and procedures addressing infection control, man- [ (viii) Have ] (8) Has copies of operational protocols agement of personnel safety, and the placement and and procedures, including emergency operation plans in operation of its air ambulances. the event of overdue, missing or downed aircraft. § 1007.8. [ Grounds for suspension, revocation or [ (ix) Have ] (9) Has posted or displayed applicable refusal of an air ambulance license ] Disciplinary licenses and permits. and corrective actions. [ (x) Maintain ] (10) Maintains current maps and (a) The Department may, in compliance with proper navigational aids. administrative procedure, reprimand, or suspend, re- [ (6) Communications specialist operational re- voke or refuse to issue a license, or issue a provisional quirements. The service shall have in place a writ- or temporary license as permitted by §§ 1005.8 and ten policy governing communication specialist op- 1005.9 (relating to provisional license; and tempo- erational procedures. The written policy shall rary license) for the following reasons: include a requirement that the communication spe- (1) A serious violation of the act or this part. A serious cialist document contains, at a minimum, the fol- violation is one which poses a continued significant lowing information: ] threat to the health and safety of the public. (11) Collects and maintains records of the follow- ***** ing data: (4) Fraud or deceit in obtaining or attempting to obtain ***** a license [ or permit ]. (ix) Other data pertinent to the air ambulance ser- ***** vice’s specific needs for completing activity review reports. (7) Failure to secure an air ambulance medical director (g) (k) Community education program requirements. [ ] and ensure that the air ambulance medical director ***** [ meets the roles and ] exercises the responsibilities (2) The educational program shall include the follow- in § [ 1003.41(a) (relating to air ambulance medical ing: director) ] 1003.5(a) (relating to ALS service med- (i) [ The service shall communicate ] Communica- ical director). tion to the public that the [ emergency ] air [ med- (8) Failure to have appropriate medical equipment and ical ] ambulance service accepts medically necessary supplies required for licensure as identified in § 1007.7(b) calls from authorized personnel and does not discriminate (relating to licensure and general operating require- against a person because of race, creed, sex, color, age, ments). religion, [ National ] national origin, ancestry, medical ***** problem, handicap or ability to pay. (11) Failure to employ a sufficient number of certified, (ii) A safety program covering landing site designation recognized or licensed personnel to provide service 24 and safe conduct around the [ aircraft ] air ambulance, hours [ per ]-a-day, 7 [ days a week ] days-a-week. which shall be offered to appropriate agencies and individuals. (12) Failure of the air [ medical ] ambulance service to be available 24 hours per -a-day, 7 days a week (iii) Training regarding stabilization and preparation of [ ] [ ] the patient for airborne transport, which shall be pro- days-a-week to authorized callers within the service area. Exceptions to this requirement include unsafe vided to prehospital [ EMS ] personnel. weather conditions, commitment to another flight, (iv) [ The service shall institute a ] An active com- grounding due to maintenance or other reasons that munity relations program. would prevent response. The air [ medical ] ambulance service shall maintain a record of each failure to respond (l) Medical command notification. An air ambu- to a request for service, and make the record available lance service shall identify, to the regional EMS upon request to the Department. Financial inability to council having responsibility in the region out of pay does not constitute sufficient grounds to deny re- which it operates, the prehospital personnel used sponse for emergency air service. by it that have medical command authorization in the region for that air ambulance service. The (13) Failure [ of an air ambulance service licen- service shall also notify the regional EMS council see ] to notify the Department of the change of ownership when a prehospital practitioner loses medical com- or aircraft operation. mand authorization for that air ambulance service. ***** (m) Monitoring compliance. An air ambulance service shall monitor compliance with the require- (18) Refusal to render EMS because of a patient’s race, ments that the act and this part impose upon the sex, creed, [ National ] national origin, sexual prefer- air ambulance service and its staff. ence, age, handicap, medical problem or financial inability (n) Policies and procedures. An air ambulance to pay. service shall maintain written policies and proce- (19) Failure to comply with regional EMS council dures addressing each of the requirements imposed transfer and medical treatment protocols. by this section, as well as the requirements im- posed by §§ 1001.41, 1001.42 and 1001.65 (relating to *****
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(21) [ Other reasons as determined by the Depart- intent to discontinue service has been advertised in ment which pose a significant threat to the health a newspaper of general circulation in the service and safety of the public ] Repeated failure to com- area. municate with a PSAP as required by § 1007.7(e). (c) The air ambulance service licensee shall no- (b) Upon receipt of a written complaint describing tify the Department in advance of anticipated tem- porary discontinuance of service expected to last [ specific violations of this chapter ] conduct for which the Department may take disciplinary action for at least 7 consecutive days. ] against an air ambulance service, the Department CHAPTER 1009. [ EMS ] MEDICAL COMMAND will: [ MEDICAL ] FACILITIES ***** § 1009.1. [ Accreditation and operational ] Opera- (2) [ Notify ] Provide the air ambulance service with tional criteria. a copy of the [ charges ] complaint and [ investiga- [ Medical command facilities shall be accredited tion procedures ] request a response unless the Department determines that disclosure to the air by the Department ]. To qualify [ for accreditation ] ambulance service of the complaint will compro- as [ an EMS ] a medical command facility, an institution mise the investigation or would be inappropriate shall [ demonstrate that it complies ] comply with for some other reason. the following criteria [ related to personnel, capabili- (3) [ Conduct and develop ] Develop a written re- ties, procedures and programs by ]: port of the investigation. (1) [ Employing ] Employ a [ physician ] medical (4) Notify the [ air ambulance service ] complain- command facility medical director who meets the ant of the results of the investigation of the complaint, requirements specified [ at ] in § 1003.3(b) (relating to as well as the air ambulance service if the air medical command facility medical director) [ for a med- ambulance service has been officially apprised of ical command facility medical director ]. the complaint or investigation. This notification does not include providing a copy of the written (2) [ Employing ] Employ sufficient staff to ensure report developed under paragraph (3). that at least one approved medical command physician, [ (c) The Department will immediately suspend meeting the requirements [ of ] in § 1003.4(b) (relating the license for the violations specified in to medical command physician), is present in the facility § 1005.12(a)(1), (6), (11), (15) and (17) (relating to 24 hours [ per ]-a-day, 7 days [ per ]-a-week. grounds for suspension, revocation or refusal of an ambulance service license). This suspension shall (3) [ Possessing communication capabilities and be for a period of up to 90 days. A second offense recordkeeping protocols that provide for the fol- during the same license period shall result in the lowing ] Satisfy the following communication and automatic revocation of the license. recordkeeping requirements: (d) The Department will suspend the license for ***** other violations for a period to be determined by the Department. The Department may revoke a (ii) Communication by way of telecommunications license for repeated violations. equipment/radios with BLS and ALS units within the [ respective medical service ] area in which medical (e) Upon suspension or revocation of an air am- command is exercised. bulance license, the service shall cease operations and no person may permit or cause the service to ***** continue. (iv) Maintenance of a medical command record, con- (f) ] (c) The Department will provide public notifica- taining [ specific ] appropriate information on patients tion of [ suspension, including the length of suspen- for whom medical command is sought. sion period or revocation of ] sanctions it imposes ***** upon an air ambulance service license. (4) [ Demonstrating the capacity to accurately ] [ (g) Upon suspension or revocation of an air Accurately and promptly relay information regarding ambulance license, the service shall cease opera- patients to the appropriate receiving [ hospital ] facil- tions and no person may permit or cause the ity. service to continue. ] (5) [ Adhering ] Adhere to [ transportation in- § 1007.9. [ Voluntary discontinuation of service ] struction and hospital assignment ] transfer and (Reserved). medical treatment protocols established by the regional [ (a) Air ambulance service licenses may not vol- EMS council, or, when dealing with an air ambu- untarily discontinue service until 90 days after the lance service, as approved by the Department. licensee notifies the Department in writing that the (6) [ Establishing ] Establish a program of regular service is to be discontinued. case audit conferences involving the medical command (b) Notice to the Department shall include a facility medical director or [ his ] the director’s desig- statement that the licensee has notified the chief nee and prehospital personnel for purposes of problem executive officer of each political subdivision in the identification, and a process to correct identified prob- licensee’s ambulance service area and that the lems.
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(7) [ Obtaining ] Obtain a contingency agreement function under its auspices. Application for medical with at least one other medical command facility to command facility recognition shall be made on assure availability of medical command. forms prescribed by the Department. (8) [ Establishing ] Establish internal procedures (b) The regional EMS council shall review the that comply with regional EMS transfer and medical application for completeness. treatment protocols [ developed by the respective (c) If the application is complete, the regional regional EMS council ]. EMS council shall conduct an onsite inspection of the applying facility to verify information con- (9) Notify PSAPs, through which it routinely re- tained within the application and to complete a ceives requests for medical command, when it will physical inspection of the medical command area. not have a medical command physician available to provide medical command. (d) After completing its review, the regional EMS council shall forward a copy of its recommendation (10) Establish a plan to ensure that medical com- to the Department and to the applying facility. If mand is available at all times during mass casualty the applying facility disagrees with the recommen- situations, natural disasters and declared states of dation of the regional EMS council, it may submit a emergency. written rebuttal to the Department. (11) [ Participating ] Participate in the [ respec- (e) The Department will review the application, tive ] regional EMS council’s quality [ assurance pro- information and recommendation submitted by the grams ] improvement program for monitoring the regional EMS council, and the rebuttal statement, if delivery of EMS. any, submitted by the applying facility, and will make a decision within 60 days from the time of its [ (10) Adopting ] (12) Adopt procedures for maintain- receipt of the regional EMS council’s recommenda- ing medical command communication records and tapes tion to grant or deny recognition. under § 117.43 (relating to medical records). (f) The Department may review and inspect facil- [ (11) Employing ] (13) Employ sufficient administra- ities to aid it in making medical command facility tive support staff to enable the institution to carry out its recognition decisions. essential duties which include, but are not limited to: audits, [ continuing education, ] equipment mainte- (g) If the applying facility disagrees with the nance and processing and responding to complaints. decision by the Department, it may appeal the decision under 1 Pa. Code § 35.20 (relating to ap- [ (12) Establishing ] (14) Establish a program of peals from actions of the staff) if the decision was training [ and continuing education ] for medical com- not issued by the agency head as defined in 1 mand physicians, prehospital personnel and emergency Pa. Code § 31.3 (relating to definitions) and, if it department staff. disagrees with the decision of the agency head, it may file an appeal under 2 Pa.C S. §§ 501—508 and (15) Provide medical command to prehospital 701—704 (relating to Administrative Agency Law). personnel whenever they seek direction. (h) Recognition as a medical command facility § 1009.2. [ Accreditation ] Recognition process. will be valid for 3 years. A facility shall file an (a) [ Regional EMS councils shall recommend to application for renewal of its recognition as a the Department those facilities which meet the medical command facility 60 days prior to expira- criteria for accreditation. If the applying facility tion of the medical command facility’s recognition disagrees with the recommendation of the regional from the Department. Failure to apply for renewal EMS council, it may submit a written request for of recognition in a timely manner may result in the reconsideration by the council. facility having a lapse in the civil immunity protec- tion afforded by section 11(j)(4) of the act. (b) The Department has 60 days to accredit or deny accreditation from the time of receipt of the § 1009.3. [ Continuity of medical command ] (Re- regional EMS council’s recommendation. served). (c) Denial of accreditation shall be based on [ A facility recognized by the regional EMS coun- cause. cil as a medical command facility as of July 1, 1989 (d) The Department may review and inspect facil- shall continue to be accredited until July 1, 1991, or ities to aid in accreditation decisions. until surveyed by the Department, whichever comes first. ] (e) If the applying facility disagrees with the decision by the Department, an appeal may be filed § 1009.4. [ Suspension/revocation of accreditation ] under 2 Pa.C.S. §§ 501—508 and 701—704 (relating Withdrawal of medical command facility recogni- to Administrative Agency Law). ] tion. To qualify for the civil immunity protection af- (a) The Department may [ suspend accreditation forded by section 11(j)(4) of the act (35 P. S. for up to 90 days for the following reasons: § 6931(j)(4)), a facility shall secure recognition as a medical command facility from the Department. To (1) Failure to comply with regional EMS council secure recognition as a medical command facility, a protocols or guidelines. facility shall submit an application to the Depart- (2) Violation of accreditation criteria in § 1009.1 ment through a regional EMS council exercising (relating to accreditation and operational criteria). responsibility for an EMS region in which the applicant intends to provide medical command (3) Failure to cooperate in the data collection and through medical medical command physicians who retrieval procedures required by the Department.
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(4) Other reasons deemed appropriate by the De- § 1009.5. [ Biennial review ] Review of [ accred- partment. ited ] medical command facilities. (b) A medical command facility shall correct the The regional EMS councils shall conduct a [ biennial ] deficiencies that were cited by the Department as review of medical command facilities as requested reasons for suspension by the end of the suspension by the Department, and at other times may inspect period set by the Department. [ accredited ], medical command facilities. These re- (c) The Department may revoke accreditation for views and inspections shall be conducted to audit for failure to correct deficiencies within the suspen- continued compliance with, at a minimum, the criteria sion period ] withdraw medical command facility in § 1009.1 (relating to [ accreditation and ] opera- recognition if the facility fails to continue to meet tional criteria) as directed by the Department. the standards for a medical command facility in § 1009.6. Discontinuation of service. § 1009.1 (relating to operational criteria). A medical command facility may not discontinue (b) The Department will conduct inspections of a medical command operations without providing 60 medical command facility from time to time, as days advance written notice to the Department, deemed appropriate and necessary, including when regional EMS councils responsible for regions in necessary to investigate a complaint or a reason- which the medical command facility routinely pro- able belief that violations of this part may exist. vides medical command and providers of EMS for which it routinely provides medical command. (c) If the facility fails to continue to meet the standards for a medical command facility in CHAPTER 1011. ACCREDITATION OF TRAINING § 1009.1, as an alternative to rescinding medical INSTITUTES command facility recognition, the Department may § 1011.1. BLS and ALS training institutes. request the facility to submit a plan of correction to correct the deficiencies. The procedures are as (a) Eligible entity. ABLSand an ALS training insti- follows: tute shall be accredited by the Department. A [ BLS ] training institute shall be a secondary or postsecondary (1) The Department will give written notice to institution, hospital, regional EMS council or another the facility and the regional EMS council of the entity which meets the criteria in this part. deficiencies. (b) [ Accreditation criteria. To qualify for accredi- (2) The facility shall have 30 days in which to tation as a BLS training institute, an entity shall respond to the Department with a plan to correct demonstrate compliance with the following: the deficiencies. (1) Criteria ] Training programs. (3) The Department will review the plan of cor- rection and, if the plan is found to be acceptable, (1) [ The ] A BLS training institute shall evidence the Department may make an onsite reinspection the ability to conduct one or more of the following in accordance with the time frame given in the training programs approved by the Department: plan of correction. (i) Emergency Medical Technician[ -Ambulance ] (4) Within 30 days after the review of the plan of Course[ , National Standard Curriculum. correction, as well as 30 days after the reinspection, the Department will give written notice to the (ii) Emergency Medical Technician Refresher facility and the regional EMS council of the results Course, National Standard Curriculum. of the Department’s review of the plan of correction (iii) Emergency Medical Services ( ] (iii) EMS[ ) ] and reinspection. First Responder Course[ , First Edition or amend- (d) Upon receipt of a written complaint describ- ments and revisions thereto ]. ing conduct for which the Department may with- draw medical command facility recognition, the [ (iv) EMS First Responder Refresher Course. Department will: (v) EMT Instructor Training Program, National (1) Initiate an investigation of the specific Standard Curriculum ]. charges. (2) An ALS training institute shall evidence the (2) Provide the medical command facility with a ability to conduct one or more of the following copy of the complaint and request a response un- training programs approved by the Department: less the Department determines that disclosure to (i) Emergency Medical Technician-Paramedic the medical command facility of the complaint will Course. compromise the investigation or would be inappro- priate for some other reason. (ii) Prehospital Registered Nurse Course. (3) Develop a written report of the investigation. [ (2) ] (c) Personnel. (4) Notify the complainant of the results of the [ (i) ] (1) Medical director. investigation of the complaint, as well as the med- [ (A) An ] (i) A training institute shall have a medical ical command facility if the medical command facil- ity has been officially apprised of the complaint or director who is a physician [ licensed in this Common- investigation. This notification does not include wealth ]. The medical director shall be experienced in providing a copy of the written report developed emergency medical care, and shall have demonstrated under paragraph (3). ability in education[ / ] and administration.
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[ (B) ] (ii) The responsibilities of the medical director [ (iii) ] (e) Course coordinator. shall include: [ (A) ] (1) The [ BLS ] training institute shall desig- [ (I) Assuring that the ] (A) Reviewing course con- nate a course coordinator for each training course [ of tent [ is in ] to ensure compliance with this part. instruction ] conducted by the training institute. [ The [ (II) Assisting with ] (B) Reviewing and approv- coordinator shall possess certification as an EMT ing the training institute’s criteria for the recruit- instructor, and shall have other qualifications as ment, selection and orientation of training institute fac- prescribed by the Department’s Prehospital Person- ulty. nel Training Manual. ] [ (III) ] (C) *** (2) A course coordinator shall have: (D) Reviewing the quality and medical content of (i) Reading and language skills commensurate the education, and compliance with protocols. with the resource materials to be utilized in the course. (E) Participating in the review of new technology for training and education. (ii) Knowledge of the Statewide BLS medical (iii) Additional responsibilities for a medical di- treatment protocols. rector of an ALS training institute include: (3) A course coordinator for an ALS training (A) Approving the content of course written and course shall also satisfy the following requirements: practical skills examinations. (i) One year experience in ALS prehospital care. (B) Identifying and approving facilities where (ii) One year experience as an EMT-paramedic or students are to fulfill clinical and field internship a health professional, or as a supervisor of ALS requirements. prehospital care. (C) Identifying and approving individuals to (iii) Have knowledge of the ALS transfer and serve as field and clinical preceptors to supervise medical treatment protocols for the region. and evaluate student performance when fulfilling clinical and field internship requirements. [ (B) The ] (4) A course coordinator is responsible for (D) Signing skill verification forms for students the management and supervision of each [ BLS ] training who demonstrate the knowledge and skills required course offered by the training institute for which he for successful completion of the training course and serves as a course coordinator. entry level competency for the prehospital practi- tioner for which the training course is offered. [ (C) ] (5) Specific duties of [ the ] a course coordina- tor [ also include: [ (ii) ] (d) Administrative director. (I) Scheduling and supervising course instruc- [ (A) ] (1) A BLS training institute shall have an tors. administrative director who [ is a currently certified (II) Scheduling and supervising student clinical EMT and ] has at least 1 year experience in adminis- observation activities. tration and 1 year experience in prehospital care. (III) Completing course records, including indi- (2) An ALS training institute shall have an ad- vidual student performance summaries and scores. ministrative director who has at least 1 year expe- rience in administration and 1 year experience in (IV) Providing counseling services to students ] ALS prehospital care. shall be assigned by the training institute. [ (B) ] (3) Responsibilities of the administrative direc- (6) One person may serve both as the administra- tor include ensuring: tive director and a course coordinator. [ (I) Application ] (i) The adequacy of the system [ (iv) ] (f) Instructors. for processing student applications and [ oversight ] of the student selection process. [ (A) ] (1) A [ BLS ] training institute shall ensure the availability of qualified and responsible instructors for [ (II) Class scheduling and assignment ] (ii) The each training course. [ Instructors shall meet the adequacy of the process for the screening and qualifications required by § 1003.23(e) (relating to selection of instructors for the training institute. EMT). ] [ (III) Preparation, maintenance and ] (iii) The (2) An instructor shall be 18 years of age or older, institute maintains an adequate inventory of neces- and possess a high school diploma or GED equiva- sary training equipment and that the training equip- lent. ment is properly prepared and maintained. (3) At least 75% of the instruction provided in [ (IV) Administration ] (iv) The adequate adminis- training courses shall be provided by instructors tration of the course and written and practical skills who are health professional physicians or prehospi- examinations involved in the course. tal personnel and who have at least 1 year of [ (V) Maintenance ] (v) There is an adequate sys- experience as a health professional physician or a tem for the maintenance of student records and files. prehospital practitioner above the level of a first responder and at or above the level they are teach- [ (VI) ] (vi) [ Student/faculty liaison ] There is an ing, and have completed an EMS instructor course appropriate mechanism to resolve disputes be- approved by the Department or possess a bach- tween students and faculty. elor’s degree in education or a teacher’s certifica-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 963 tion in education; or be determined by a review [ (iv) Students shall be provided ] (4) Provide body of the training institute to meet or exceed students with a clear description of the program and its these standards. content, including learning goals, course objectives and (4) An instructor who does not satisfy the re- competencies to be attained. quirements in paragraph (3) shall be qualified to [ (v) The institute shall evidence compliance with provide the instructional services offered as deter- policies contained in the Department’s Prehospital mined by the training institute after consulting the Personnel Training Manual. ] Prehospital Practitioner Manual and with the ap- propriate regional EMS council. (5) Have a policy regarding the transfer of a student into or out of a training program from one [ (B) ] (5) *** training institute to another. [ (v) Other faculty. A BLS training institute may (6) Have a continuing quality improvement pro- use the instructional services of other personnel as cess in place for students, instructors, and clinical may be deemed appropriate, subject to approval by evaluation. the regional EMS council. ] § 1011.2. [ ALS training institutes ] (Reserved). (g) Clinical preceptors. [ (a) Eligible entity. An ALS training institute (1) An ALS training institute shall ensure the shall be accredited by the Department. An ALS availability of clinical preceptors for each training training institute shall be a secondary or a course. postsecondary institution, hospital, EMS council or another entity which meets the criteria in this part. (2) A clinical preceptor is responsible for the supervision and evaluation of students while fulfill- (b) Criteria. To qualify for accreditation as an ing clinical requirements for a training program. ALS training institute, an entity shall demonstrate compliance with the following: (h) Field preceptors. (1) Training programs. The institute shall evi- (1) An ALS training institute shall ensure the dence the ability to conduct one or more of the availability of field preceptors for each student. following training programs approved by the De- (2) A field preceptor is responsible for the super- partment. vision and evaluation of students while fulfilling a (i) Emergency Medical Technician-Paramedic field internship for a training program. Course, National Standard Curriculum. [ (3) ] (i) Facilities and equipment. A training insti- (ii) Emergency Medical Technician-Paramedic tute shall: Refresher Course, National Standard Curriculum. (iii) Health professional. [ (i) The institute shall maintain ] (1) Maintain facilities necessary for the provision of [ BLS ] training (2) Administration. courses. The facilities shall include classrooms and space (i) Medical director. for equipment storage, and shall be of sufficient size to (A) An institute shall have a medical director conduct didactic and practical skill performance sessions. who is a physician licensed in this Commonwealth. [ The regional EMS council is responsible for deter- The medical director shall be experienced in emer- mining the appropriateness of the facilities pro- gency medical care, and shall have demonstrated vided. ] ability in education/ administration. [ (ii) The institute shall provide ] (2) Provide and (B) The responsibilities of the medical director maintain the essential equipment and supplies [ as ] to include: administer the course. These shall be identified in (I) Assuring that the course content is in compli- the [ Department’s ] Prehospital Personnel [ Training ] ance with this part. Manual. (II) Assisting with the recruitment, selection and orientation of training institute faculty. [ (4) ] (j) Operating procedures. A training institute shall: (III) Providing technical advice and assistance to training institute faculty and students. [ (i) The institute shall adopt ] (1) Adopt and (IV) Approving the content of written and practi- implement [ the Department’s ] a nondiscrimination cal skills examinations. policy with respect to student selection and faculty re- cruitment. (V) Identifying and approving facilities and ALS services where students can fulfill clinical and field [ (ii) A file shall be maintained ] (2) Maintain a internship requirements. file on each enrolled student [ to include ] which (VI) Identifying and approving individuals who includes class performance, practical and written exami- will serve as field and clinical preceptors for super- nation results, and reports made concerning the progress vising and evaluating student performance when of the student during the training program. fulfilling clinical and field internship requirements. [ (iii) The institute shall provide ] (3) Provide a (ii) Administrative director. mechanism by which students may grieve decisions made (A) The administrative director shall have at by the institute regarding dismissal or other disciplinary least 1 year of experience in administration and 1 action. [ The grievance procedure shall be subject to year of experience in ALS prehospital care educa- approval by the regional EMS council. ] tion.
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(B) Responsibilities of the administrative direc- (vii) Other faculty. An ALS training institute may tor include: use the instructional services of other personnel as (I) Application processing and oversight of the may be deemed appropriate, subject to approval by student selection process. the regional EMS council. (3) Facilities and equipment. (II) Class scheduling and assignment of instruc- tors. (i) The institute shall maintain facilities appro- priate to conduct ALS training courses. Facilities (III) Preparation, maintenance and inventory of include classrooms and space for equipment stor- necessary training equipment. age, and shall be of sufficient size to conduct (IV) Administration of written and practical skill didactic and practical skill performance sessions. examinations. The regional EMS council is responsible for deter- mining the appropriateness of the facilities. (V) Maintenance of student records and files. (ii) The institute shall provide and maintain the (VI) Student/faculty liaison. essential equipment and supplies as identified in (iii) Course coordinator. the Department’s Prehospital Personnel Training Manual. The equipment includes items necessary to (A) The ALS training institute shall designate a perform skills required by the course curriculum, course coordinator for each course of instruction as defined in this part. conducted by the training institute. The coordina- tor shall be a currently certified EMT-paramedic or (4) Operating procedures. health professional as defined in this part, and (i) The institute shall adopt and implement the shall have other qualifications prescribed by the Department’s nondiscrimination policy with re- Department’s Prehospital Personnel Training spect to student selection and faculty recruitment. Manual. (ii) A file shall be maintained on each enrolled (B) The course coordinator is responsible for the student to include class performance, practical and management and supervision of each ALS training written examination results and reports made con- course offered by the training institute. cerning the progress of the student during the training program. (C) Specific duties of the course coordinator also include: (iii) The institute shall provide a mechanism by which students may grieve decisions made by the (I) Scheduling and supervising course instruc- institute regarding dismissal or other disciplinary tors. action. The grievance procedure shall be subject to (II) Scheduling and supervising student clinical approval by the regional EMS council. observation activities and field internships. (iv) Students shall be provided with a clear de- (III) Completing course records, including indi- scription of the program and its content, including vidual student performance summaries and scores. learning goals, course objectives and competencies to be attained. (IV) Providing counseling services for students. (v) The institute shall evidence compliance with (iv) Instructors. policies contained in the Department’s Prehospital (A) The ALS training institute shall ensure the Personnel Training Manual. ] availability of instructors for each course. § 1011.3. Accreditation process. (B) An instructor shall be experienced in the For an ALS or BLS institute to be accredited by the education of individuals at the ALS level, and Department, the following are required: approved by the course medical director as quali- fied to teach those sections of the course to which ***** the instructor is assigned. (2) The regional EMS council shall review the applica- (C) An instructor is responsible for presenting tion for completeness[ , ] and accuracy [ and conform- course materials in accordance with the curriculum ance with the regional EMS plans and protocols ]. established by this part. ***** (v) Clinical preceptors. (5) Within 150 days of receipt, the Department will (A) The ALS training institute shall ensure the review the application and make one of the following availability of clinical preceptors for each course. determinations: (B) The clinical preceptor is responsible for the (i) Full accreditation. The training institute [ cur- supervision and evaluation of paramedic students rently ] meets the criteria in [ § ]§ 1011.1 [ or 1011.2 ] while fulfilling clinical requirements in an ap- (relating to BLS and ALS training institutes[ ; and ALS proved facility. training institutes) ] as applicable, and will be accred- (vi) Field preceptors. ited to operate for 3 years. (A) The ALS training institute shall ensure the (ii) Conditional accreditation. The training institute availability of field preceptors for each student. does not [ currently ] meet criteria in [ § ]§ 1011.1 [ or (B) The field preceptor is responsible for supervi- 1011.2 ] as applicable, but the deficiencies identified are sion and evaluation of paramedic students while deemed correctable by the Department. The program will fulfilling field internships with an approved ALS be allowed to proceed or continue with close observation service. by the Department. Deficiencies which prevent full ac-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 PROPOSED RULEMAKING 965 creditation shall be enumerated and corrected within a its accreditation withdrawn or conditioned, dis- time period specified by the Department. Conditional agrees with the decision of the Department, it may accreditation may not exceed 1 year, and may not be appeal the decision under 1 Pa. Code § 35.20 (relat- renewed. ing to appeals from actions of the staff) if the decision was not issued by the agency head as (iii) Nonaccreditation. The institute does not [ cur- defined in 1 Pa. Code § 31.3 (relating to definitions) rently ] meet criteria in [ § ]§ 1011.1 [ or 1011.2 ] and and, if it disagrees with the decision of the agency the deficiencies identified are deemed to be serious head, it may file an appeal under 2 Pa.C.S. §§ 501— enough to preclude any type of accreditation. [ The 508 and 701—704 (relating to Administrative Agency applicant may request a hearing from the Depart- Law). ment under 2 Pa.C.S. §§ 501—508 and 701—704 (d) Upon receipt of a written complaint describ- (relating to Administrative Agency Law). ] ing conduct for which the Department may with- ***** draw training facility accreditation, the Depart- ment will: (7) Prior to and during accreditation, training insti- tutes are subject to review, including inspection of (1) Initiate an investigation of the specific records, facilities and equipment by the Department. An charges. authorized representative of the Department [ or its (2) Provide the training facility with a copy of designee has the right to ] may enter, visit and inspect the complaint and request a response unless the an accredited training institute or a facility operated by Department determines that disclosure to the train- or in connection with the training institute, with or ing facility of the complaint will compromise the without prior notification. investigation or would be inappropriate for some other reason. [ (8) A training institute accredited by the Ameri- can Medical Association shall be considered to have (3) Develop a written report of the investigation. met the requirements in this part, and shall be (4) Notify the complainant of the results of the accredited by the Department for a period to coin- investigation of the complaint, as well as the train- cide with that of the American Medical Associa- ing facility if the training facility has been officially tion’s certification. ] The Department may accept apprised of the complaint or investigation. This the survey results of another accrediting body if notification does not include providing a copy of the Department determines that the accreditation the written report developed under paragraph (3). standards of the other accrediting body are equal CHAPTER 1013. SPECIAL EVENT EMS to or exceed the standards in this chapter, and that the survey process employed by the other accredit- § 1013.1. Special event EMS planning requirements. ing body is adequate to gather the information (a) Procedure for obtaining required plan approval. A necessary for the Department to make an accredita- person, agency or organization responsible for the man- tion decision. agement and administration of special events, as defined [ (9) ] (8) *** in § 1001.2 (relating to definitions), [ shall ] may submit a plan for EMS to the Department, through the re- § 1011.4. [ Suspension/revocation ] Denial, restric- gional EMS council assigned responsibility for the tion or withdrawal of accreditation. region in which the special event is to occur, to (a) The Department may [ suspend or revoke ] deny, secure a determination from the Department as to withdraw or condition the accreditation of a training whether the plan is adequate to address the EMS needs presented by a special event or a series of institute [ upon written complaint and investiga- special events conducted at the same location. The tion ] for one or more of the following: plan shall be [ approved ] submitted prior to the start (1) Failure to maintain compliance with the appli- of the special event. cable criteria in [ § ]§ 1011.1 [ or 1011.2 ] (relating to (1) Persons, agencies or organizations, managing facil- BLS and ALS training institutes[ ; and ALS training ities or locations which are involved in special events as institutes ]) [ and standards and policies in the defined in § 1001.2, who seek the Department’s ap- Department’s Prehospital Personnel Training proval of an EMS plan for a special event or series Manual ]. of special events conducted at the same location, shall submit an annual plan to the [ Department ] ***** appropriate regional EMS council at least [ 60 ] 90 (b) Before denying or withdrawing accreditation, or days prior to the date of the first scheduled event of each granting conditional accreditation, the Department calendar year. will give written notice to the institute’s administrative director and the regional EMS council that the action is (2) The Department will approve or disapprove a spe- contemplated. The notice will identify reasons for [ with- cial event EMS plan within [ 30 ] 60 days [ of its drawal of accreditation ] the intended decision and receipt ] after a complete plan is filed with the regional EMS council. will provide sufficient time for response [ and a request for appeal and review of the Department’s determi- (b) Plan content. The special event EMS plan shall nation ]. contain information[ , ] including[ , but not limited to ]: (c) [ A revocation or suspension of accreditation ***** may be appealed under 2 Pa.C.S. §§ 501—508 and (11) Measures that have and will be taken to 701—704 (relating to administrative agency law). ] coordinate EMS for the special event with local If an institute that applies for accreditation, or has emergency care services and public safety agen-
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999 966 PROPOSED RULEMAKING cies—such as ambulance, police, fire, rescue and (2) Sufficient beds, cots and [ BLS ] equipment to hospital agencies or organizations. provide for evaluation and treatment of at least four (c) Plan approval. To secure Department ap- simultaneous patients. proval of an EMS plan for a special event, the ***** applicant shall satisfy the requirements of this chapter. § 1013.6. Communications system requirements. § 1013.2. Administration, management and medical (a) A special event EMS system shall have onsite direction requirements. communications capabilities to insure: (a) Special event EMS director. [ Emergency medical ***** services ] EMS provided at a special event shall be (3) Communication with existing community [ emer- supervised by an individual identified as the special event gency communications centers ] PSAPs. EMS director. ***** (1) Responsibilities. The responsibilities of the special event EMS director include[ , but are not limited to ]: § 1013.8. Special event report. ***** The person or organization that filed the special event EMS plan shall complete a special event (iii) [ Coordination of special event EMS, with report form prepared by the Department and pro- local emergency care services and public safety vided to it by the relevant regional EMS council, entities—such as ambulance, police, fire rescue and and shall file the completed report with that re- hospital agencies or organizations ] Ensuring gional EMS council within 30 days following a implementation of the EMS coordination measures special event. contained in the special event EMS plan. CHAPTER 1015. QUICK RESPONSE SERVICE ***** RECOGNITION PROGRAM (b) Special event emergency supervisory physician. Sec. 1015.1. Quick response service. (1) Requirement. A special event EMS system shall be 1015.2. Discontinuation of service. directed and supervised by a [ licensed ] medical com- § 1015.1. Quick response service. mand physician for events involving more than (a) Criteria. An applicant for recognition as a [ 30,000 ] 25,000 actual or anticipated participants or QRS shall file an application in which it shall attendees, or both. commit to the following conditions to receive De- (2) Qualifications. A special event emergency supervi- partment recognition as a QRS: sory physician shall possess the following qualifications: (1) The applicant will maintain essential equip- ***** ment and supplies for a QRS, as published by the Department at least annually in the Pennsylvania (ii) [ A valid license to practice medicine in this Bulletin, for immediate use when dispatched. Commonwealth as a Doctor of Medicine or Doctor of Osteopathy ] Be licensed as a physician. (2) The applicant has capabilities to be dis- patched and to communicate with a responding § 1013.3. Special event EMS personnel and capabil- ambulance service. ity requirements. (3) EMS it provides will be performed by prehos- ***** pital personnel or other persons authorized by law (b) One staffed and Pennsylvania licensed ambulance to perform the services. vehicle shall be stationed onsite of a special event with a (4) The applicant shall satisfy the requirements known or estimated population of between [ 10,000 ] applicable to ambulance services in §§ 1001.41 and 5,000 and [ 30,000 ] 25,000 participants or attendees, or 1001.42 (relating to data and information require- both. ments for ambulance services; and dissemination of information), for data elements included in an am- (c) Two staffed and Pennsylvania licensed ambulance bulance call report which the Department desig- vehicles shall be stationed onsite of a special event with a nates for completion by a QRS. known or estimated population greater than [ 30,000 ] (5) The applicant shall provide EMS in compli- 25,000 but less than [ 60,000 ] 55,000 participants or ance with regional medical treatment protocols and attendees, or both. the Statewide BLS medical treatment protocols. (d) Three staffed and Pennsylvania licensed ambulance (b) Recognition process. vehicles shall be stationed onsite of any special event with a known or estimated population greater than (1) An applicant for Department recognition as a [ 60,000 ] 55,000 participants or attendees, or both. QRS shall submit an application on forms pre- scribed by the Department to the regional EMS ***** council having jurisdiction over the area in which § 1013.5. Onsite facility requirements. the applicant intends to locate. The application shall contain the following information: A special event for which greater than [ 30,000 ] (i) The name and address of the applicant. 25,000 participants or spectators, or both, will be involved shall require the use of onsite treatment facilities. The (ii) The physical location of the applicant. onsite treatment facilities shall provide: (iii) Service affiliations (police department, fire ***** department, ambulance service, or other).
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(iv) The service area. expiration, the regional EMS council through (v) The types and number of vehicles it will which the application was processed and the recog- employ, if any. nition number assigned by the Department. (vi) Communication access and capabilities of the (3) The QRS may identify a vehicle being utilized applicant. for response by applying to the outside of the vehicle a QRS decal issued by the Department (vii) A roster of persons who have committed to serve as QRS members, and their qualifications. (4) The QRS decal issued by the Department may (viii) A summary of how the QRS will interface not be displayed on a vehicle not utilized for with ambulance services. response by the QRS. (ix) Verification that the applicant will satisfy the (5) A certificate of recognition is nontransferable requirements of subsection (a). and remain valid for 3 years unless withdrawn by (x) A statement attesting to the veracity of the the Department due to the QRS failing to continue application, which shall be signed by the principal to meet the standards for recognition as a QRS in official of the applicant. subsection (a). (2) The regional EMS council shall review the (d) Renewal of recognition. A QRS may continue application for completeness and accuracy. It shall to participate in the Quick Response Service Recog- return an incomplete application to the applicant nition Program by resubmitting an application in a within 14 days of receipt. format prescribed by the Department to the appro- (3) Upon receipt of a complete application, the priate regional EMS council at least 60 days prior regional EMS council shall conduct, within 45 days, to the expiration date of its certificate of recogni- an onsite inspection of the applicant to determine tion. whether the applicant satisfies the regulatory crite- § 1015.2. Discontinuation of service. ria for QRS recognition. Deficiencies identified dur- ing the inspection shall be documented and made A QRS may not discontinue service, except upon known to the applicant. A reinspection shall be order of the Department, without providing each scheduled when the applicant notifies the regional regional EMS council and the chief executive of- EMS council that the deficiencies have been cor- ficer of each political subdivision within its service rected. The results shall be forwarded to the De- area 90 days advance notice. The QRS shall also partment. advertise notice of its intent to discontinue service (c) Recognition. in a newspaper of general circulation in its service area at least 90 days in advance of discontinuing (1) A certificate of recognition as a QRS will be service, and shall provide the Department with issued by the Department when it has been deter- written notice that it has met these responsibilities mined that requirements for recognition have been at least 90 days in advance of discontinuing service. met. [Pa.B. Doc. No. 99-260. Filed for public inspection February 12, 1999, 9:00 a.m.] (2) The certificate of recognition will specify the name of the QRS, the date of issuance, the date of
PENNSYLVANIA BULLETIN, VOL. 29, NO. 7, FEBRUARY 13, 1999